Private companies could pull out of probation contracts over costs – The Guardian

‘Two of the private companies that provide 50% of probation services in England and Wales have confirmed to MPs they will have to consider quitting if a Ministry of Justice review fails to deliver improvements.’

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The Guardian, 21st March 2017

Source: www.guardian.co.uk

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When is an antitrust/competition claim caught by an arbitration clause? The Microsoft Mobile decision – Competition Bulletin from Blackstone Chambers

Posted March 9th, 2017 in agreements, arbitration, competition, contracts, news, price fixing, sale of goods by sally

‘The decision of the High Court in Microsoft Mobile Oy (Ltd) v Sony offers some helpful guidance as to when a competition law tort claim will be caught by an arbitration clause in a sale or supply agreement.’

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Competition Bulletin from Blackstone Chambers, 7th March 2017

Source: www.competitionbulletin.com

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ATE insurer escapes £320,000 costs liability because of policy breaches – Litigation Futures

Posted March 7th, 2017 in contracts, costs, damages, insurance, news by tracey

‘An after-the-event insurer (ATE) has escaped liability to pay out £320,000 after the High Court found that its insured had breached four conditions precedent in the policy.’

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Litigation Futures, 7th March 2017

Source: www.litigationfutures.com

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When One Purchaser Signs the Contract for Sale and the Other Does Not … – Radcliffe Chambers

Posted February 21st, 2017 in appeals, contracts, deposits, news, sale of land by sally

‘And indeed never authorised the co-purchaser to enter into a contract on her behalf without her consent, did not know that he was entering into a contract, or consent to his doing so on her behalf. That was the remarkable situation in the case of Rabiu v. Marlbray Ltd [2016] 1 WLR 5147. At first blush one might have thought, in line with the decision in Suleman v. Shahsavari [1998] 1 WLR 1181, that in the absence of the signature of one of the co-purchasers, there was no binding contract and that that would be the end of the matter. So the trial judge concluded, but the Court of Appeal held that on the facts of the case the purchaser who had signed had rendered himself liable as between himself and the vendor of the property, notwithstanding the absence of the signature of his co-purchaser. In so doing it distinguished Suleman. The decision of the Court of Appeal, which runs to 111 paragraphs, considers a number of issues and repays careful study. This casenote will consider the questions of the validity of the contract between the vendor and the copurchaser and the formalities required by s.2 of the Law of Property (Miscellaneous Provisions) Act 1989. A second casenote (to follow) will consider whether, on the assumption that there was no valid contract as between the vendor and the co-purchaser (either because the contract had not been signed by the other co-purchaser, or because of want of the formalities required by s.2), the vendor was required to return the co-purchaser’s deposit or could retain it.’

Part One (PDF)
Part Two (PDF)

Radcliffe Chambers, February 2017

Source: www.radcliffechambers.com

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TIME SHARE TEST CASE REVIEWED – Park Square Barristers

Posted February 20th, 2017 in contracts, EC law, misrepresentation, news by sally

‘When I first started to move from the research to active case work in respect of timeshare litigation last year, I found that the Opinions which I had to write were extremely long and extremely challenging. In fact, the first two written Opinions exceeded 14,000 words each. If nothing else, the recent long awaited decision in Abbott v RCI Europe (“Abbott”) confirmed that I had not been guilty of narcissistic prolixity.’

Full story (PDF)

Park Square Barristers, 11th January 2017

Source: www.parksquarebarristers.co.uk

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Marc Delehanty on the Enforceability of Promises Made Subsequent to Written Contracts: New Caselaw – Littleton Chambers

Posted February 20th, 2017 in agreements, appeals, contracts, estoppel, news by sally

‘Commercial litigators regularly encounter disputes which arise from parties’ attempts to renegotiate obligations under written agreements in situations where one party is having difficulty performing as required under the contract.’

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Littleton Chambers, 26th January 2017

Source: www.littletonchambers.com

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Strict Interpretation by Court of Appeal of Condition Precedent in Favour of Insured by Court of Appeal – Park Square Barristers

Posted February 17th, 2017 in contracts, insurance, interpretation, news by sally

‘As with many insurance policies, the Respondent’s policy with the Appellant insurance company contained a condition precedent requiring the insured to notify its insurer “as soon as possible after the occurrence of any event likely to give rise to a claim”. The Appellant withdrew indemnity to the Respondent in respect of a claim, contending that such condition precedent had not been met.’

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Park Square Barristers, 23rd January 2017

Source: www.parksquarebarristers.co.uk

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Paying your fair share: when can an adjudicator decide more than the notified sum must be paid? – Hardwicke Chambers

Posted February 7th, 2017 in arbitration, construction industry, contracts, housing, news by sally

‘Judgment in the case of Kersfield Developments (Bridge Road) Ltd v Bray & Slaughter Ltd, handed down on 19 January 2017, is a new authority in the line of case law providing guidance on the provisions governing interim payments in Construction Contracts in the Housing Grants, Construction and Regeneration Act 1996, as amended (“the Act”).’

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Hardwicke Chambers, 2nd February 2017

Source: www.hardwicke.co.uk

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JCT updates design and build contract, but uncertainty surrounds new loss clause, says expert – OUT-LAW.com

Posted January 24th, 2017 in construction industry, contracts, news by sally

‘Changes to the Joint Construction Tribunal (JCT) standard form ‘design and build’ contract introduce new uncertainties for contractors around loss and expense claims, an expert has warned.’

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OUT-LAW.com, 24th January 2017

Source: www.out-law.com

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Rather too certain to be uncertain – Nearly Legal

Posted December 9th, 2016 in appeals, contracts, council tax, landlord & tenant, news, tribunals, valuation by sally

‘This was Leeds’ second appeal of a Valuation Tribunal decision on council tax liability. We covered the first High Court appeal here. Full disclosure, I acted for the intervener in this second appeal, the Residential Landlords Association, with Justin Bates (or as it turns out, Bate) as counsel.’

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Nearly Legal, 8th December 2016

Source: www.nearlylegal.co.uk

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Late Amendments to Pleadings – Proceed with Caution – Zenith PI Blog

Posted December 2nd, 2016 in amendments, building law, contracts, duty of care, news, pleadings by sally

‘The Claimant had purchased a new build property which had been constructed by the First Defendant company. Slightly over a year later the Claimant tripped over a paved step in her garden which rendered her tetraplegic. The other Defendants to the claim were the directors of the First Defendant and the contractor who had been engaged to lay the paving in the garden.’

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Zenith PI Blog, 30th November 2016

Source: www.zenithpi.wordpress.com

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Not just any contract… – New Law Journal

Posted November 29th, 2016 in appeals, contracts, drafting, news, rent, Supreme Court by sally

‘Andrew Burns QC & Ishaani Shrivastava examine the implication & construction of contract terms following Marks & Spencer.’

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New Law Journal, 25th November 2016

Source: www.newlawjournal.co.uk

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High Court clarifies the position as regards claiming damages based on an extrapolated sample – OUT-LAW.com

Posted November 21st, 2016 in contracting out, contracts, damages, news, roads, statistics by sally

‘A recent High Court decision will provide helpful guidance to parties that elect to use statistical sampling and extrapolation as a means to demonstrate entitlement to substantial damages.’

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OUT-LAW.com, 21st November 2016

Source: www.out-law.com

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Dealing with a breach of contract. What are the options for the innocent party when the contract is broken? Can they walk away from the deal, when and how? – Falcon Chambers

Posted November 10th, 2016 in contracts, news, rescission, speeches by sally

‘I have been asked to talk this afternoon about breach of contract, specifically what strategies can be adopted in the event that one party fails to complete under the terms of the contract. What are the options for escaping the contract or, alternatively, for forcing the other party to complete?

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Falcon Chambers, September 2016

Source: www.falcon-chambers.com

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Beware the dangers of uncertainty with letters of intent – Hardwicke Chambers

Posted November 9th, 2016 in arbitration, construction industry, contracts, news by sally

‘Alexander Nissen QC’s recent decision in Spartafield Ltd v Penten Group Ltd brings a degree of finality to the long-running dispute between these two parties. It comes after multiple adjudications and previous proceedings in the TCC. Back in March, my colleague Ebony Alleyne discussed what was then the most recent judgment, dealing with the enforcement of an adjudicator’s decision.’

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Hardwicke Chambers, 2nd November 2016

Source: www.hardwicke.co.uk

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McGill v Sports and Entertainment Media Group and others – WLR Daily

Posted November 8th, 2016 in agency, appeals, contracts, damages, law reports, sport by sally

McGill v Sports and Entertainment Media Group and others [2016] EWCA Civ 1063

‘The claimant, a licensed football agent, brought proceedings against a football player seeking damages for breach of contract, claiming that he had negotiated a transfer deal for the player under an oral contract, but that another agent, having induced the player to breach his contract with the claimant, had made the deal with the new club itself and received the fee of £300,000, thereby depriving the claimant of his fee for the work which he had done. The claim was settled in 2009 with payment of £50,000 to the claimant in full and final settlement. In 2012 the claimant brought an action against the first to fourth defendants, being the agent which had allegedly induced the breach of contract and three individuals associated with it, and the fifth to ninth defendants, being the club to which the player had transferred and four individuals associated with it. The claim was for, inter alia, the torts of inducing a breach of contract, breach of confidence and unlawful means conspiracy. The judge found that all the ingredients of the causes of action for inducement of breach of contract and unlawful means conspiracy were made out apart from causation and loss, and dismissed all the claims.’

WLR Daily, 12th October 2016

Source: www.iclr.co.uk

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Appeal court finds Sammy Lee gave false evidence over Bolton transfer deal – The Guardian

Posted November 8th, 2016 in agency, appeals, contracts, evidence, news, sport by sally

‘A high court judgment in which the current England assistant manager, Sammy Lee, was found to have knowingly given false evidence has been upheld by the court of appeal. Lee, when manager of Bolton Wanderers for a short period in 2007 having taken over from Sam Allardyce, was found to have lied about his club’s involvement in signing the midfield player Gavin McCann, who had been poached by the agents SEM.’

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The Guardian, 7th November 2016

Source: www.guardian.co.uk

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Champion poker player loses appeal against London casino over his £7.7 million winnings – Daily Telegraph

Posted November 4th, 2016 in appeals, contracts, gambling, news by tracey

‘A top poker player has lost his £7.7 million battle against a London casino at the Court of Appeal as a judge said his “edge-sorting” skills amounted to cheating despite the fact he was not dishonest.’

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Daily Telegraph, 3rd November 2016

Source: www.telegraph.co.uk

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Kilker Projects Ltd v Purton (trading as Richwood Interiors) – WLR Daily

Posted October 31st, 2016 in construction industry, contracts, news, repayment, service by sally

Kilker Projects Ltd v Purton (trading as Richwood Interiors) [2016] EWHC 2616 (TCC)

‘The parties entered into an oral construction contract, to which the Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 applied. Following completion of the works, a dispute arose as to the sums due in respect of the final account. In a first adjudication, the adjudicator, having held that no valid “payment notice” or “pay less notice” had been served by the employer, ordered it to pay the “notified sum”, as defined by section 111 of the Housing Grants, Construction and Regeneration Act 1996, in respect of the contractor’s final account application. The employer subsequently paid the judgment sum. In a second adjudication, the adjudicator determined the true value of the final account for the works and directed the contractor to repay the employer a sum found to have been overpaid. On the employer’s application to enforce that decision, the contractor contended that adjudicator had not had jurisdiction to determine the dispute because it had been decided in the earlier adjudication.’

WLR Daily, 22nd September 2016

Source: www.iclr.co.uk

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Broadband advert rule changes come into effect – BBC News

Posted October 31st, 2016 in advertising, consumer protection, contracts, internet, news by sally

‘New rules forcing broadband firms to be clearer in adverts on the costs of their contracts have come into effect.’

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BBC News, 31st October 2016

Source: www.bbc.co.uk

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