Category: agreements

J P Morgan Chase Bank, National Association v Northern Rock (Asset Management) plc – WLR Daily

Posted February 24th, 2014 in agreements, consumer credit, interpretation, law reports by sally

J P Morgan Chase Bank, National Association v Northern Rock (Asset Management) plc [2014] EWHC 291 (Ch); [2014] WLR (D) 83

‘As a matter of construction of section 77A of the Consumer Credit Act 1974, where a creditor had provided the debtor with a statement which failed to set out the information required by the Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007, the period of non-compliance commenced on a date to be calculated as if no statement had been served at all, and the period of non-compliance began on the day following the last day on which a compliant statement could have been given.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Entire Agreement Clauses & Requirements for Variations/Waivers in Writing: Energy Venture Partners Ltd v Malabu Oil and Gas Ltd – Henderson Chambers

Posted February 14th, 2014 in agreements, contracts, news by sally

‘One encounters the following situation fairly routinely in practice. On Monday the parties sign a carefully drafted and negotiated contract intended to govern all aspects of their relationship. Detailed mechanisms purport to cater for all eventualities. By Friday, the parties have slipped into a mode of performance which, in material respects, differs radically from the provisions of the contract.’

Full story

Henderson Chambers, 10th February 2014

Source: www.hendersonchambers.co.uk

Court’s permission needed to extend time for service of witness statements – Hardwicke Chambers

Posted January 22nd, 2014 in agreements, civil procedure rules, courts, news, service, time limits, witnesses by sally

‘In almost every litigated case the parties usually find themselves needing to vary the dates of some directions. This can be done by way of written agreement between the parties and is allowed by CPR 2.11.’

Full story

Hardwicke Chambers, 22nd January 2014

Source: www.hardwicke.co.uk

In re London Scottish Finance Ltd; Jack and another v Craig and others – WLR Daily

Posted December 19th, 2013 in agreements, consumer credit, law reports by tracey

In re  London Scottish Finance Ltd; Jack and another v Craig and others [2013] EWHC 4047 (Ch);   [2013] WLR (D)  498

‘For the purposes of section 106(d) of the Consumer Act 1974 the words “realisation of the security” should be interpreted conventionally so as to achieve the policy objective stated in section 113(1) that the security provided in relation to a regulated agreement could not be enforced so as to benefit the creditor to any greater extent than would be the case if the security were not provided. In the case of a secured loan to which section 106(d) applied, its provisions did not catch all sums paid by the debtor in discharge of the loan.’

WLR Daily, 17th December 2013

Source: www.iclr.co.uk

Court of Appeal backs tenant forced to move out for years of repairs – Local Government Lawyer

Posted August 12th, 2013 in agreements, appeals, housing, landlord & tenant, local government, news, repairs by sally

“A woman who moved out from her flat while a local authority carried out repairs still held her tenancy eight years later, the Court of Appeal has ruled.”

Full story

Local Government Lawyer, 12th August 2013

Source: www.localgovernmentlawyer.co.uk

Confidential pre-termination negotiations to come into force on 29 July – OUT-LAW.com

Posted July 12th, 2013 in agreements, employment, news, unfair dismissal by tracey

“Changes to the law that will allow employers to carry out certain negotiations
with employees in relation to termination without those conversations being
admissible in a future unfair dismissal claim will come into force on 29
July.”

Full story

OUT-LAW.com, 11th July 2013

Source: www.out-law.com

 

Confidentiality clauses in public sector payoffs ‘must not stop whistleblowers’ – The Guardian

Posted June 21st, 2013 in agreements, civil servants, confidentiality, employment, health, news, reports, whistleblowers by tracey

“Margaret Hodge says government must make clear deals should not stop whistleblowers from speaking out, after NAO report.”

Full story

The Guardian, 21st June 2013

Source: www.guardian.co.uk

Acas revises its draft Code of Practice on extended confidential settlement agreements – OUT-LAW.com

Posted June 11th, 2013 in agreements, arbitration, codes of practice, compromise, contract of employment, news by tracey

“The rules governing when and how an employer will be able to use a confidential
pre-termination settlement agreement to bring an employee contract to an end are
more complicated than they first appear, an expert has said.”

Full story

OUT-law.com, 11th June 2013

Source: www.out-law.com

Interesting times – New Law Journal

Posted May 14th, 2013 in agreements, consumer credit, costs, interest, law firms, loans, news by sally

“In Jeffrey Jones v SoS for Energy and Climate Change [2012] EWHC 2936 (QB) the High Court considered the use of credit agreements between a law firm and its clients.”

Full story

New Law Journal, 13th May 2013

Source: www.newlawjournal.co.uk

To fight or not to fight: pharmaceutical patent settlements – Competition Bulletin from Blackstone Chambers

Posted May 3rd, 2013 in agreements, competition, medicines, news, patents by tracey

“On 19 April 2013, the OFT announced that it had issued a Statement of Objections following its investigation into patent litigation settlement agreements (PLSAs) in the pharmaceutical sector.”

Full story

Competition Bulletin from Blackstone Chambers, 3rd May 2013

Source: www.competitionbulletin.com

Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others – WLR Daily

Posted April 30th, 2013 in agreements, appeals, arbitration, law reports, partnerships, stay of proceedings, third parties by sally

Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others [2013] EWCA Civ 367; [2013] WLR (D) 154

“Section 8(1) of the Contracts (Rights of Third Parties) Act 1999 allowed for a promisor to give a third party an enforceable substantive right subject to a procedural condition on which the promisor might but need not insist. Section 8(2) of the Act allowed for a promisor to give a third party an enforceable procedural right which the third party might but need not exercise, since the right was unilateral.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Tenants! Be the best that you can be! – NearlyLegal

Posted April 30th, 2013 in agreements, housing, landlord & tenant, local government, news by sally

“At the very beginning of social housing, with the Peabody Estates in the 1860s, prospective tenants faced imposed requirements that we would now consider to be extraneous to the tenancy: Mandatory smallpox vaccinations; curfews; and cleaning rotas before 10 am for communal areas, sinks and WCs. But even the Victorian paternalists didn’t lower themselves to the patronising, small minded and teeth-grindingly passive-aggressive approach apparently in vogue for 21st century social landlords.”

Full story

NearlyLegal, 29th April 2013

Source: www.nearlylegal.co.uk

Damages-Based Agreements: potential or potential pitfall? – 11 Stone Buildings

Posted March 21st, 2013 in agreements, damages, fees, news by sally

“As part of the Jackson Reforms the much talked about Damages-Based Agreements Regulations 2013 come into force on 1st April 2013. Damages Based agreements (‘DBAs’) open up the prospect of fees becoming entirely divorced from the actual hours worked on a case. This can lead to much higher fees than those which will arise using the hour-based method, even on a CFA with a 100% uplift. However, there are some potentially serious implications to consider. Don McCue takes a closer look at the potential impact of using DBAs, how they compare to Conditional Fee Agreements (‘CFAs’) in different litigation scenarios, and how DBAs relate to the Solicitors Regulation Authority (‘SRA’) Code of Conduct.”

Full story (PDF)

11 Stone Buildings, March 2013

Source: www.11sb.com

High Court ruling attacks ‘bits of legal boilerplate, bolted together’ – OUT-LAW.com

Posted September 11th, 2008 in agreements, drafting, news, patents by sally

“A court has attacked lawyers who let word processors do their thinking for them. Standard paragraphs are being bolted together to make nonsensical agreements, said a High Court ruling on Friday.”

Full story

OUT-LAW.com, 11th September 2008

Source: www.out-law.com

Satyam Computer Services Ltd v Upaid Systems Ltd – Times Law Reports

Posted May 27th, 2008 in agreements, intellectual property, interpretation, law reports by sally

Satyam Computer Services Ltd v Upaid Systems Ltd

Court of Appeal

“It would only be through the use of the clearest possible specific language that parties to a settlement would be taken to have excluded fraud-based claims.”

The Times, 27th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.