Condition precedents in light of Lancashire Schools v Lendlease – Local Government Lawyer

‘Condition precedents are common in various commercial agreements. Ewan Anthony and David Owens discuss the court’s general approach to considering contractual condition precedents, and whether, particularly after the recent case of Lancashire Schools SPC Phase 2 Limited v Lendlease Construction (Europe) Limited and Others [2024] EWHC 37 (TCC), the court may be prepared to disregard them.’

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Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Construing non-assignment – could a party be responsible for assignment arising as a matter of law? (Dassault Aviation v Mitsui Sumitomo Insurance) – Gatehouse Chambers

Posted March 15th, 2024 in appeals, assignment, chambers articles, contracts, insurance, interpretation, news by sally

‘The Court of Appeal applied ordinary black letter contractual interpretation in construing a non-assignment clause in a contract for sale.’

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Gatehouse Chambers, 14th February 2024

Source: gatehouselaw.co.uk

UK Court of Appeal decision gives firms guidance on T&Cs in digital age – OUT-LAW.com

Posted March 14th, 2024 in contracts, electronic commerce, gambling, news by sally

‘The Court of Appeal in England and Wales has considered what businesses need to do to incorporate standard terms and conditions into a digital contract for online services for the first time.’

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OUT-LAW.com, 13th March 2024

Source: www.pinsentmasons.com

What does Covid-19 teach us about English contract law? – Legal Studies

Posted March 13th, 2024 in contracts, coronavirus, news by sally

‘This paper examines how English courts have responded to the contract problems generated by the Covid-19 pandemic and considers what this tells us about future contract law development. In relation to consumers, the case law on pandemic-affected contracts, though limited, indicates that traditional contract doctrine does not necessarily produce beneficial outcomes for consumers. This further diminishes the importance of the common law in the consumer contracting context. In the commercial sector, contracting parties were encouraged by government and other organisations to co-operate with one another and act in good faith during the crisis, but this has not influenced the courts applying contract law in the pandemic aftermath. The emerging case law suggests that contract law has retained its commitment to certainty, freedom of contract and sanctity of contract, notwithstanding the extraordinary circumstances around the outbreak and its unpredictable effects on contracts. The unalloyed application of formal contract law in the post-pandemic case law augments the position of relational norms as extra-contractual in English law, putting the further judicial development of relational contract principles in doubt. The paper concludes that despite the considerable social and economic upheaval caused by the pandemic, its impact on contract law development is likely to be minimal.’

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Legal Studies, 8th February 2024

Source: www.cambridge.org

Legal row could finally force mystery artist Banksy to reveal his real name – The Guardian

Posted March 11th, 2024 in anonymity, artistic works, contracts, news by tracey

‘Two art collectors are taking legal action against artist over his ‘refusal’ to confirm the authenticity of one of his famous images.’

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The Guardian, 9th March 2024

Source: www.theguardian.com

“All the world’s a stage” – or perhaps not: Omooba – Law& Religion UK

‘In Omooba v Michael Garrett Associates Ltd (t/a Global Artists) & Anor [2024] EAT 30, Ms Seyi Omooba, an actor, was cast as Celie in a stage production of The Color Purple. Celie is regarded as an iconic lesbian role and the announcement that Ms Omooba was to play it led to a social media storm about an earlier Facebook post in which she had expressed her belief that homosexuality was a sin. As a result, her contracts with the theatre (the second respondent) and her agency (the first respondent) were terminated.’

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Law & Religion UK, 7th March 2024

Source: lawandreligionuk.com

The Sordid Controversies of Litigants? Why and When Facts Matter – Supreme Court

Posted February 27th, 2024 in contracts, interpretation, judiciary, news, Privy Council, Supreme Court by tracey

‘Lady Rose – The Sordid Controversies of Litigants? Why and When Facts Matter. The Neill Law Lecture 2024.’

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Supreme Court, 23rd February 2024

Source: www.supremecourt.uk

Growing AI litigation risk requires business response – OUT-LAW.com

‘The risk businesses face from litigation is changing as artificial intelligence (AI) tools become more popular. Businesses need to recognise this and consider the different kinds of risks associated with AI technology and how they might give rise to liability.’

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OUT-LAW.com, 5th February 2024

Source: www.pinsentmasons.com

Growing AI litigation risk requires business response – OUT-LAW.com

‘The risk businesses face from litigation is changing as artificial intelligence (AI) tools become more popular. Businesses need to recognise this and consider the different kinds of risks associated with AI technology and how they might give rise to liability.’

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OUT-LAW.com, 5th February 2024

Source: www.pinsentmasons.com

Lord Sales, The Interface Between Contract and Equity – Supreme Court

Posted January 2nd, 2024 in contracts, equity, fiduciary duty, lectures, news by tracey

‘Lord Sales, The Interface Between Contract and Equity – Equity Conference 2023’

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Supreme Court, 19th December 2023

Source: www.supremecourt.uk

How UK law on adjudication looks heading into 2024 – OUT-LAW.com

Posted December 15th, 2023 in appeals, construction industry, contracts, dispute resolution, news by tracey

‘Construction companies that encounter disputes in 2024 can learn lessons from case law established in 2023 concerning the operation of so-called serial adjudications and when an adjudicator’s decision might breach principles of natural justice.’

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OUT-LAW.com, 14th December 2023

Source: www.pinsentmasons.com

Multi-million-pound defective design claim out of time – Mills & Reeve

Posted December 12th, 2023 in construction industry, contracts, limitations, news by sally

‘Here’s our guide to scope of duty and limitation in a wide-ranging judgment handed down by the Technology and Construction Court. The decision in Lendlease Construction (Europe) Limited v Aecom Limited [2023] EWHC 2620 (TCC) provides a helpful review of these issues in the context of construction projects.’

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Mills & Reeve, 12th December 2023

Source: www.mills-reeve.com

UK Supreme Court ruling clarifies fair treatment of expert evidence at trial – OUT-LAW.com

Posted December 7th, 2023 in contracts, evidence, expert witnesses, holidays, news, Supreme Court by michael

‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’

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OUT-LAW.com, 6th December 2023

Source: www.pinsentmasons.com

Applicable law for construction and engineering contracts: constraints on freedom of choice – OUT-LAW.com

Posted November 24th, 2023 in construction industry, contracts, interpretation, news by tracey

‘Choosing which law should govern construction and engineering contracts – i.e., the “applicable”, “proper” or “governing” law – impacts how those contracts will be interpreted.’

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OUT-LAW.com, 23rd November 2023

Source: www.pinsentmasons.com

Generative AI could make contract negotiation “worse” – Legal Futures

Posted November 20th, 2023 in artificial intelligence, contracts, news by tracey

‘Generative artificial intelligence (AI) could make commercial contract negotiations “worse”, the founder of contracting specialists Radiant Law has argued.’

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Legal Futures, 20th November 2023

Source: www.legalfutures.co.uk

Development agreements: the contractual duty to act in good faith – Tanfield Chambers

Posted November 8th, 2023 in chambers articles, construction industry, contracts, news by sally

‘Jonathan Upton looks at why parties to a development agreement need to be aware of the general principles applying to good faith clauses.’

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Tanfield Chambers, 25th October 2023

Source: www.tanfieldchambers.co.uk

Speech by Mr Justice Foxton: The Beatles and the Law – Courts and Tribunals Judiciary

Posted October 30th, 2023 in artistic works, contracts, copyright, damages, intellectual property, news by tracey

‘A Talk to the Liverpool Business and Property Courts Forum, The Brett Lecture Theatre, Yoko Ono Lennon Centre, University of Liverpool.’

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Courts and Tribunals Judiciary, 24th October 2023

Source: www.judiciary.uk

Specialist lawyers publish free AI contract clauses – Legal Futures

Posted October 26th, 2023 in artificial intelligence, contracts, news by sally

‘The Society for Computers and Law (SCL) has launched a set of free contractual clauses for transactions involving artificial intelligence (AI).’

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Legal Futures, 26th October 2023

Source: www.legalfutures.co.uk

English court reminds construction contract payment provisions to be ‘compliant’ – OUT-LAW.com

Posted September 28th, 2023 in construction industry, contracts, news, time limits by tracey

‘An English court has reminded the construction sector of the importance of complying with the mandatory payment provisions in the Housing Grants, Construction and Regeneration Act 1996 (1996 Act) in payment provisions, in a case in which it found that a contract which requires the submission of VAT invoice to fix the final date for payment is not compliant.’

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OUT-LAW.com, 27th September 2023

Source: www.pinsentmasons.com

Tory peer cleared for second time of breaking lobbying rules over PPE contracts – The Guardian

Posted September 28th, 2023 in contracts, coronavirus, lobbying, news, parliament, standards by tracey

‘A Conservative peer has been cleared of breaking lobbying rules for a second time by the House of Lords watchdog over introducing a company that was awarded government PPE contracts worth £50m.’

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The Guardian, 27th September 2023

Source: www.theguardian.com