Category: agreements

In re Nortel Networks UK Ltd and related companies – WLR Daily

Posted November 8th, 2016 in administrators, agreements, insolvency, law reports by sally

In re Nortel Networks UK Ltd and related companies [2016] EWHC 2769 (Ch)

‘The administrators of nineteen Europe, Middle East and Africa companies in the N group and the conflict administrator of one of those companies applied for directions enabling a global settlement to be made of the vast majority of disputes that had arisen in relation to the affairs of the group and the distribution of the proceeds of sale of its assets.’

WLR Daily, 31st November 2016

Source: www.iclr.co.uk

CFA could be assigned after firm went bust, circuit judge rules – Litigation Futures

Posted May 12th, 2016 in agreements, fees, insolvency, law firms, news, solicitors by sally

‘An insolvent firm of solicitors could validly assign conditional fee agreements (CFAs) to another law firm, a circuit judge has ruled in a much-anticipated case that is expected to end up in the Court of Appeal.’

Full story

Litigation Futures, 12th May 2016

Source: www.litigationfutures.com

Stevensdrake v Hunt and the indemnity principle – Hardwicke Chambers

Posted March 22nd, 2016 in agreements, costs, fees, indemnities, law firms, news by sally

‘Having successfully obtained judgment for your client in a case where your firm of solicitors is acting under a conditional fee agreement (CFA), it is only natural that thoughts will turn to the firm’s own impending financial reward. But the terms of a CFA, negotiated at the outset of the case, can prove to be a barrier to their underlying commercial purpose: payment by result.’

Full story

Hardwicke Chambers, 17th March 2016

Source: www.hardwicke.co.uk

Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd – WLR Daily

Posted March 15th, 2016 in agency, agreements, contracts, evidence, law reports, privilege by sally

Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd [2016] EWHC 486 (Comm)

‘The claimant was a commercial agent who acted for the defendant. The agency agreement between the parties provided for 12 months’ notice of termination. The claimant’s case was that, by e-mails dated 18 and 26 March 2013, the defendant gave notice of termination with effect from 11 February 2013, to terminate on 11 May 2013 and was thereby in repudiatory breach of contract, which repudiation the claimant accepted as bringing the agency agreement to an end. The claimant brought a claim for, inter alia, damages for termination with insufficient notice and sought to admit the defendant’s e-mails as evidence of the defendant’s repudiation. The defendant contended that the two e-mails, both marked “Without Prejudice”, were part of a series of without prejudice negotiations to settle a dispute as to termination of the agency and that, as such, they could not be relied on by the claimant as repudiatory and were inadmissible in evidence.’

WLR Daily, 8th March 2016

Source: www.iclr.co.uk

Court of Appeal: shipping fuel supply agreement was not ‘sale of goods’ – OUT-LAW.com

Posted October 27th, 2015 in agreements, appeals, consumer credit, news, sale of goods, ships by sally

‘A contract for the supply of marine fuel on credit was not governed by the 1979 Sale of Goods Act (SOGA), because full legal ownership of the fuel did not pass to the owners of the vessel before it was consumed, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 26th October 2015

Source: www.out-law.com

Facebook data transfers threatened by Safe Harbour ruling – BBC News

Posted October 6th, 2015 in agreements, data protection, EC law, internet, news, privacy by sally

‘A pact that helped the tech giants and others send personal data from the EU to the US has been ruled invalid.’

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BBC News, 6th October 2015

Source: www.bbc.co.uk

Civil Justice Council urges changes to boost use of damages-based agreements – Local Government Lawyer

Posted September 3rd, 2015 in agreements, Civil Justice Council, damages, news, regulations, reports by sally

‘A Civil Justice Council (CJC) report has made 45 recommendations aimed at boosting the uptake of Damages-Based Agreements (DBAs), which were a key part of the Jackson reforms but whose use has been limited.’

Full story

Local Government Lawyer, 2nd September 2015

Source: www.localgovernmentlawyer.co.uk

Flanagan v Liontrust Investment Partners LLP and others – WLR Daily

Posted July 30th, 2015 in agreements, law reports, limited liability partnerships, partnerships by sally

Flanagan v Liontrust Investment Partners LLP and others [2015] EWHC 2171 (Ch); [2015] WLR (D) 338

‘The doctrine of repudiatory breach was excluded from multi-party agreements falling within the scope of section 5 of Limited Liability Partnerships Act 2000.’

WLR Daily, 24th July 2015

Source: www.iclr.co.uk

NRAM plc v McAdam and another – WLR Daily

Posted July 30th, 2015 in agreements, appeals, consumer credit, consumer protection, estoppel, law reports by sally

NRAM plc v McAdam and another [2015] EWCA Civ 751; [2015] WLR (D) 334

‘In a specific loan agreement, which was the template for agreements between a bank and numerous customers, the protections under section 77A of the Consumer Credit Act 1974 had not been incorporated, and no estoppel arose from the existence of the statutory wording in the agreement. Nor was it possible to treat the borrowers “as if” they had been under the protection provided by the 1974 Act. However, there had been a representation (and contractual warranty) arising from the statement that the loan agreement was a regulated agreement, when it was not, which would have entitled the borrowers to sue for misrepresentation or breach of contractual warranty.’

WLR Daily, 23rd July 2015

Source: www.iclr.co.uk

Mother paraded as “intimidated martyr” to cheat gay couple of surrogacy arrangement – Family Court – UK Human Rights Blog

Posted May 12th, 2015 in agreements, homosexuality, news, surrogacy by tracey

‘H & S (Surrogacy Arrangement) EWFC 36, 30 April 2015. M, a fifteen month old girl, was born as the result of artificial or assisted conception and of a highly contested agreement between S (the mother, a Romanian national) and H (the father, of Hungarian extraction) and B (the second applicant and H’s partner who had moved to the UK in 2004).’

Full story

UK Human Rights Blog, 11th May 2015

Source: www.ukhumanrightsblog.com

High court orders surrogate mother to hand baby to gay couple – The Guardian

Posted May 7th, 2015 in agreements, homosexuality, news, surrogacy by sally

‘Lawyers are calling for rules surrounding surrogacy to be tightened up after a woman who had a child with a gay couple then refused them access was ordered to hand over the baby.’

Full story

The Guardian, 6th May 2015

Source: www.guardian.co.uk

How broad is your settlement? – New Law Journal

Posted April 30th, 2015 in agreements, drafting, news by sally

‘Don’t settle for less, says Adam Short.’

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New Law Journal, 24th April 2015

Source: www.newlawjournal.co.uk

Avoiding the Accidental Settlement – No. 5 Chambers

Posted March 24th, 2015 in agreements, contracts, news by sally

‘The question of whether two Parties have entered in to a binding settlement compromising a case is often just as (if not more) acrimonious matter as the substantive case. In particular as the devil is often in the detail of any settlement, the intention is often that even where settlement is agreed in principle, one party does not wish to be bound to the settlement until all the terms are agreed and embodied in a signed document. If this is the intention then it is important that the same is made well known to the other negotiating party, in order to avoid the pitfall of finding oneself having inadvertently entering in to a binding settlement, prior to concluding those subsequent negotiations.’

Full story

No. 5 Chambers, 13th January 2015

Source: www.no5.com

Uninsured Drivers Agreement: serious breach of European Law – Park Square Barristers

Posted March 19th, 2015 in agreements, crime, damages, EC law, news, uninsured drivers by sally

‘Judy Dawson looks at the recent judgment of the Court of Appeal in Delaney v Secretary of State for Transport and the insurance indemnity issues that arise.’

Full story

Park Square Barristers, 11th March 2015

Source: www.parksquarebarristers.co.uk

Gagging clauses are lawful and enforceable – Hardwicke Chambers

Posted March 17th, 2015 in agreements, compromise, confidentiality, contract of employment, news, non-disclosure agreements by sally

‘Periodically the topic of gagging clauses resurfaces in the press. In 2013 the revelation of large numbers of NHS employees entering into such agreements produced a mass of publicity. Interest in the topic duly stimulated, it led to recommendations by the Public Accounts Committee in the House of Commons that revised guidance from the Cabinet Office should require public sector organisations to secure approval from the Cabinet Office for special severance payments and associated compromise agreements where they relate to cases of whistleblowing.’

Full story

Hardwicke Chambers, 8th January 2015

Source: www.hardwicke.co.uk

Regina (Redrow Homes Ltd) v Knowsley Metropolitan Borough Council – WLR Daily

Posted November 7th, 2014 in agreements, judicial review, law reports, roads by tracey

Regina (Redrow Homes Ltd) v Knowsley Metropolitan Borough Council: [2014] EWCA Civ 1433; [2014] WLR (D) 465

‘A highway authority could lawfully enter into an agreement with a developer or other party under section 38 of the Highways Act 1980 for that other party to pay a sum for the expenses of highways maintenance after the date on which the highway became maintainable at public expense.’

WLR Daily, 31st October 2014

Source: www.iclr.co.uk

Wickland (Holdings) Ltd v Telchadder – WLR Daily

Posted November 7th, 2014 in agreements, law reports, nuisance, repossession by tracey

Wickland (Holdings) Ltd v Telchadder; [2014] UKSC 57; [2014] WLR (D) 469

‘Where the owners of a mobile home park had given an occupier written notice that they would seek a court order terminating his agreement to live at the park unless he stopped his anti-social behaviour, which under the Mobile Homes Act 1983 was required prior to any eviction, they could not rely on that same notice when he next committed a further act of anti-social behaviour three years later.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) – Supreme Court

Posted November 5th, 2014 in agreements, autism, law reports, learning difficulties, mental health, Supreme Court, threatening behaviour by sally

Brian Philip Telchadder (Appellant) v Wickland Holdings Limited (Respondent) [2014] UKSC 57 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Sperm deal children ‘irredeemably marred’ by four-parent feud – Daily Telegraph

Posted November 4th, 2014 in agreements, assisted reproduction, contact orders, costs, domestic violence, families, homosexuality, mental health, news, parental rights, social services by sally

‘Judge warns of trauma ‘unleashed’ by fallout from ‘known-donor fertilisation’ arrangement between former friends.’

Full story

Daily Telegraph, 3rd November 2014

Source: www.telegraph.co.uk

Hallam Estates v Baker : Extensions of time – time to get along? – Henderson Chambers

Posted June 26th, 2014 in agreements, appeals, civil procedure rules, delay, news, sanctions, time limits by sally

‘Lord Justice Jackson took this appeal as an opportunity to stress the importance of parties acting reasonably in agreeing to extensions of time where court hearings are not disrupted. Whilst one might have expected courts to be less approving of parties granting each other extensions of time following the 1 April 2013 reforms, the contrary appears to be the case: Jackson LJ made it quite clear that “…it was no part of my recommendations that parties should refrain from agreeing reasonable extensions of time, which neither imperil hearing dates nor otherwise disrupt the proceedings” (at [30]).

Full story (PDF)

Henderson Chambers, 27th May 2014

Source: www.hendersonchambers.co.uk