Firm showed a ‘lackadaisical’ approach to breach of contract – Law Society’s Gazette

Posted June 17th, 2024 in contracts, costs, indemnities, law firms, news, solicitors, wasted costs orders by tracey

‘A Slough firm is facing a wasted costs order after it showed a “lackadaisical” approach to a breach of contract claim it was instructed in, a court has heard.’

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Law Society's Gazette, 17th June 2024

Source: www.lawgazette.co.uk

Warranty Claims: notification provisions and contractual time limits – Guildhall Chambers

Posted June 13th, 2024 in chambers articles, contracts, news, time limits, warranties by sally

‘Clauses requiring written notice of a warranty or other claim to be given by a specified deadline are a common feature of share purchase and other sale agreements. Often they are followed by a requirement that any claim be commenced within a further specified period of the giving of any notice of claim.’

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Guildhall Chambers, 23rd May 2024

Source: www.guildhallchambers.co.uk

JCT DB 2024 – a bit of ‘give and take’ on contractor design liability – OUT-LAW.com

Posted May 14th, 2024 in building law, construction industry, contracts, duty of care, news by tracey

‘The standard of care to be expected of a contractor in terms of design liability has been toughened up in the updated Design and Build contract by the Joint Contracts Tribunal (JCT), but the latest version has also made clear that contractors will not have fitness for purpose obligations imposed on them.’

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OUT-LAW.com, 14th May 2024

Source: www.pinsentmasons.com

Denial in the Nile: intention and contract formation – Gatehouse Chambers

Posted April 30th, 2024 in chambers articles, contracts, news, remuneration, shipping law by sally

‘The Court of Appeal in SMIT Salvage BV v Luster Maritime SA [2024] EWCA Civ 260 has dismissed an appeal against the High Court’s decision that no contract was agreed for the remuneration of salvage services provided to refloat the ‘Ever Given’.’

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Gatehouse Chambers, 9th April 2024

Source: gatehouselaw.co.uk

JCT D&B contract 2024 clarifies treatment of liquidated damages at termination – OUT-LAW.com

Posted April 29th, 2024 in construction industry, contracts, damages, delay, news by tracey

‘The recently published update by the Joint Contracts Tribunal (JCT) clarifies treatment of liquidated damages at termination and brings the new design and build form in line with other contract types used within the UK construction sector, an expert has said.’

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OUT-LAW.com, 26th April 2024

Source: www.pinsentmasons.com

Tribunal’s Ruling: A Step Forward in Understanding Code Disputes – OUT-LAW.com

Posted April 15th, 2024 in codes of practice, contracts, news, telecommunications by tracey

‘A recent decision by the Upper Tribunal (Lands Chamber) on a reference under the Electronic Communications Code (the code) helpfully clarifies some of the outstanding issues in this area, property disputes experts have said.’

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OUT-LAW.com, 15th April 2024

Source: www.pinsentmasons.com

Ruling sheds light on energy supplier and broker liability for ‘secret’ commissions – OUT-LAW.com

Posted April 4th, 2024 in contracts, energy, fiduciary duty, limitations, news by tracey

‘A new ruling has confirmed that there are only limited circumstances in which British energy suppliers could be held liable for any failings by a broker to meet duties it owes customers pertaining to commission arrangements, experts have said.’

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OUT-LAW.com. 3rd April 2024

Source: www.pinsentmasons.com

Tribunal throws out solicitor’s claim based on sale of practice – Legal Futures

‘An employment tribunal has struck out a solicitor’s breach of contract claim based on a business agreement to transfer his practice to another firm, which was then to employ him.’

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Legal Futures, 2nd April 2024

Source: www.legalfutures.co.uk

Procurement Act 2023 – Relaxation of section 17 Local Government Act 1988 – Local Government Lawyer

Posted March 28th, 2024 in contracting out, contracts, local government, news, public procurement by tracey

‘Louis Sebastian and Rebecca Rees look at the Government’s plans to relax s17 of the Local Government Act 1988, which prohibits consideration of a wide range of “non-commercial matters” in procurement processes.’

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Local Government Lawyer, 28th March 2024

Source: www.localgovernmentlawyer.co.uk

Michael Gove guilty of standards breach for not registering VIP football tickets – The Guardian

‘Michael Gove breached standards rules by failing to register hospitality he enjoyed with a Conservative donor whose company was awarded personal protective equipment contracts during the Covid pandemic, parliament’s sleaze watchdog has found.’

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The Guardian, 25th March 2024

Source: www.theguardian.com

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