Category: contracts

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

Construction terms: contractual notices and condition precedent notices – OUT-LAW.com

Posted August 11th, 2023 in construction industry, contracts, news, notification, precedent by tracey

‘The precise difference between the definition of a contractual notice and a condition precedent notice can be difficult to discern.’

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OUT-LAW.com, 10th August 2023

Source: www.pinsentmasons.com

‘Court rent accounts’, McKenzie Friends and allegedly inducing breach of contract. – Nearly Legal

Posted August 10th, 2023 in contracts, freezing injunctions, McKenzie friends, news, rent, repossession by tracey

‘Katrina McCarthy was apparently acting as a McKenzie Friend for a Notting Hill Genesis tenant. Notting Hill assert that in the course of “assisting” the tenant, Katrina McCarthy “induced the tenant to start paying his rent directly into her own bank account. She had represented to the tenant that she would then transfer the funds into a “court rent account” so that he could “offset” his rent whilst a disrepair dispute with Notting Hill was resolved.” ‘

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Nearly Legal, 9th August 2023

Source: nearlylegal.co.uk

How not to talk about capacity and mental illness – Doughty Street Chambers

Posted August 2nd, 2023 in appeals, case management, chambers articles, contracts, litigation friends, mental health, news, solicitors by sally

‘A recent High Court appeal – concerning an application made by a litigation friend to be discharged from her position – contains some useful observations on inappropriate submissions and language used by lawyers in cases raising issues of mental illness and capacity.’

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Doughty Street Chambers, 19th July 2023

Source: insights.doughtystreet.co.uk

The Separability Principle: the Newcastle Express Case – Wilberforce Chambers

Posted August 1st, 2023 in arbitration, chambers articles, contracts, news by sally

‘Ever since the House of Lords decision in Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, the principle of the separability of arbitration agreements has been the subject of much debate. Attention continues to be drawn to the distinct nature of an arbitration agreement within a contract. In last month’s article in this series, the question of the governing law of an arbitration agreement as being potentially distinct from the governing law of the contract in which it appears was considered, in the context of the Singapore Court of Appeal’s important decision in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1.’

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Wilberforce Chambers, July 2023

Source: www.wilberforce.co.uk

Judge lambasts City firm over costs bill – Law Society’s Gazette

Posted July 21st, 2023 in budgets, case management, construction industry, contracts, costs, law firms, news by tracey

‘A City firm has been lambasted by a judge for a costs bill fiasco which saw clients applying for relief at the High Court.’

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Law Society's Gazette, 20th July 2023

Source: www.lawgazette.co.uk

Construction law terms: assignment and novation – OUT-LAW.com

Posted July 17th, 2023 in assignment, construction industry, contracts, news by tracey

‘The terms “assignment” and “novation” are sometimes used interchangeably in relation to construction projects, but they are, in fact, very different.’

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OUT-LAW.com, 14th July 2023

Source: www.pinsentmasons.com

What is ‘reasonable notice’? – 3 Hare Court

Posted July 10th, 2023 in chambers articles, contracts, news, notification by sally

‘In the absence of a formal written agreement, how will the courts determine “reasonable notice” for termination? Anna Lancy & Robert Strang consider the key factors in this New Law Journal article.’

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3 Hare Court, 12th June 2023

Source: www.3harecourt.com

Construction disputes and FIDIC: how the 1999 Red Book deals with disputes – OUT-LAW.com

Posted July 3rd, 2023 in arbitration, construction industry, contracts, dispute resolution, news by tracey

‘The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.’

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OUT-LAW.com, 3rd July 2023

Source: www.pinsentmasons.com

Dispute escalation clauses: lessons from the Court of Appeal – Local Government Lawyer

Posted June 26th, 2023 in appeals, construction industry, contracts, dispute resolution, hospitals, local government, news by tracey

‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

E-signatures in England and Wales – OUT-LAW.com

Posted June 9th, 2023 in contracts, electronic filing, fraud, news by tracey

‘Under English law, what constitutes a signature is flexible. A person’s intention can determine whether they have entered into binding agreements or transactions.’

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OUT-LAW.com, 8th June 2023

Source: www.pinsentmasons.com

UK signs up to Singapore Convention – Law Society’s Gazette

Posted May 4th, 2023 in contracts, dispute resolution, news, treaties by tracey

‘Businesses will be able to enforce international mediated agreements without recourse to lengthy and costly breach of contract proceedings, a justice minister said today as he signed the UN Singapore Convention on Mediation in New York.’

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Law Society's Gazette, 4th May 2023

Source: www.lawgazette.co.uk

Referral Fees and Illegality: Litkraft Ltd v Cottrell – Ropewalk Chambers

Posted April 11th, 2023 in chambers articles, contracts, fees, illegality, news, solicitors by sally

‘Litkraft Ltd v (1) Cottrell (2) Williams (3) Goldsmith [2023] EWHC 465 (Comm) has touched upon, but not decided, whether certain fee sharing arrangements could amount to a prohibited referral fee under section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”).’

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Ropewalk Chambers, 14th March 2023

Source: ropewalk.co.uk

Case Preview: JTI POLSKA Sp. Z o.o. and Ors v Jakubowski and Ors – UKSC Blog

Posted March 28th, 2023 in carriage of goods, contracts, customs and excise, EC law, news, Poland, Supreme Court, theft by sally

‘In this post, David McKie and Dany Bitar, partner and associate respectively in the litigation team at CMS, preview the decision awaited from the Supreme Court in JTI POLSKA Sp. Z.o.o. and Ors v Jakubowski and Ors.’

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UKSC Blog, 27th March 2023

Source: ukscblog.com

Boy George and Culture Club members pay ex-drummer £1.75m after legal dispute – The Guardian

Posted March 23rd, 2023 in contracts, fraud, news, remuneration by tracey

‘Jon Moss, a founding member of Culture Club, will be paid £1.75m by his former bandmates, who have reached a settlement with him instead of commencing a high court trial.’

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The Guardian, 22nd March 2023

Source: www.theguardian.com

Applying to end the automatic suspension – Local Government Lawyer

Posted March 22nd, 2023 in contracts, damages, local government, news, public procurement, trials by tracey

‘A recent High Court ruling has provided useful insights into ending the Regulation 95 Contract Making Suspension, writes Colin Ricciardiello.’

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Local Government Lawyer, 21st March 2023

Source: www.localgovernmentlawyer.co.uk

New Judgment: The Law Debenture Trust Corporation plc v Ukraine (acting upon the instructions of the Cabinet Ministers of Ukraine) [2023] UKSC 11 – UKSC Blog

Posted March 16th, 2023 in banking, contracts, duress, international law, loans, news, Russia, Supreme Court, Ukraine by sally

‘This appeal arises out of a contractual dispute between Ukraine and the Law Debenture Trust Corporation plc (“the Trustee””), acting on behalf of the Russian Federation (“Russia”).’

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UKSC Blog, 15th March 2023

Source: ukscblog.com

High Court lifts automatic suspension in procurement dispute over provision of audio-visual equipment to courts and tribunals – Local Government Lawyer

Posted March 14th, 2023 in competition, contracts, courts, limitations, news, public procurement, tenders by sally

‘The Secretary of State for Justice (SoSJ) has successfully applied to the High Court for the lifting of the automatic suspension in a procurement challenge to the outcome of a mini-competition for a call-off contract relating to the provision of digital and audiovisual (‘AV’) equipment for use by HM Courts and Tribunals Service.’

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Local Government Lawyer, 13th March 2023

Source: www.localgovernmentlawyer.co.uk

Woman single-handedly takes on BA and wins – BBC News

Posted February 28th, 2023 in airlines, contracts, coronavirus, litigants in person, news by sally

‘A woman who represented herself in court by using 80-year-old contract legislation has beaten British Airways (BA) in a row over flight vouchers.’

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BBC News, 28th February 2023

Source: www.bbc.co.uk