Watership Down author’s estate wins back all rights to classic novel – The Guardian

Posted June 2nd, 2020 in contracts, copyright, damages, film industry, media, news by sally

‘In a case at London’s high court, Richard Adams’ estate won a longstanding claim against Martin Rosen, director of the 1978 animation.’

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The Guardian, 1st June 2020

Source: www.theguardian.com

Travel and Holiday Claims amid a Global Lockdown – Henderson Chambers

Posted May 29th, 2020 in airlines, contracts, coronavirus, EC law, holidays, hotels, news, regulations, transport by sally

‘The world-wide lockdown in response to the Covid-19 pandemic will have an unprecedented financial impact, not only on businesses in all areas of the economy but also on consumers. Public gatherings are banned or strictly limited and events have been cancelled or postponed. Future travel plans remain uncertain, with the borders of many other countries remaining closed to travellers from the UK and strict 14-day quarantine measures set to be imposed on those entering the UK from the end of May. Many companies are refusing or delaying offering refunds to affected consumers, who may have to resort to litigation to protect their rights. This alerter provides a broad overview of several affected areas, including package holidays, travel, holiday accommodation and events.’

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Henderson Chambers, 19th May 2020

Source: www.hendersonchambers.co.uk

School fees in times of Covid: Tips for schools and parents – Monckton Chambers

Posted May 29th, 2020 in contracts, coronavirus, education, fees, news, school children by sally

‘The lockdown has posed inordinate challenges for education – with schools and universities adjusting to remote learning on extremely short notice. For private schools and universities, there have been tough choices between furloughing staff, deciding which lessons and courses to continue and justifying the level of fees, when many parents are in financial difficulty themselves. Boarding schools and universities have additional problems as they have a high level of sunk costs in infrastructure for overseas students that, at present, are not allowed to travel.’

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Monckton Chambers, 19th May 2020

Source: www.monckton.com

The death of “forensic prestidigitation” in construing commercial contracts? Towergate Financial (Group) Ltd and others v Clark and others – Hardwicke Chambers

Posted May 26th, 2020 in appeals, chambers articles, contracts, indemnities, interpretation, news by sally

‘Judgment in Towergate Financial (Group) Ltd and others v Clark and others was handed down on 24 April 2020 in this interesting case that turned upon the correct construction of a notice clause in a share purchase agreement (SPA).’

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Hardwicke Chambers, 13th May 2020

Source: hardwicke.co.uk

Freedom of contract: Does it still exist? – Littleton Chambers

Posted May 21st, 2020 in chambers articles, contracts, coronavirus, enforcement, news by sally

‘A provocative title, to be sure.

But on 7 May 2020, HM Government published through the Cabinet Office a document entitled “Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the Covid-19 emergency” (the “Note”).’

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Littleton Chambers, 11th May 2020

Source: littletonchambers.com

High Court rules on the effect of confidentiality clause in a settlement agreement – St Ives Chambers

Posted May 18th, 2020 in appeals, chambers articles, confidentiality, contracts, damages, employment, news by sally

‘In Duchy Farm Kennels Limited v Steels [2020] EWHC 1208 (QB) Alexander PritchardJones appeared in an important case about the effect of breaches of confidentiality clauses contained within settlement agreements.’

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St Ives Chambers, 14th May 2020

Source: www.stiveschambers.co.uk

Clarification of the Test for Dishonesty in Criminal Law: R v David Barton and Rosemary Booth [2020] EWCA Crim 575 – Park Square Barristers

Posted May 12th, 2020 in contracts, deceit, gambling, news, Supreme Court by sally

‘In this landmark decision, a five – judge constitution of the Court of Appeal (Criminal Division), headed by the Lord Chief Justice of England and Wales, clarified that the test for dishonesty in criminal law is that set out by Lord Hughes in the Supreme Court authority of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67; [2018] AC 391. This test is to be preferred to the test of the Court of Appeal Criminal Division in R v Ghosh [1982] QB 1053.’

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Park Square Barristers, 30th April 2020

Source: www.parksquarebarristers.co.uk

Good faith: Is English law swimming against the international tide? – The 36 Group

Posted May 11th, 2020 in chambers articles, contracts, news by sally

‘The general obligation of good faith in the performance of contractual obligations is widely recognised and accepted overseas both in civil law jurisdictions and also now in most common law jurisdictions.’

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The 36 Group, 1st May 2020

Source: 36group.co.uk

Nathan Davis discusses Bains v Arunvill Capital Limited and others [2020] EWCA Civ 545 – Park Square Barristers

Posted April 28th, 2020 in contracts, interpretation, news by sally

‘This is an interesting case concerning whether the steps taken by the Appellant were sufficient for him to establish that he had remedied his material breach of contract.’

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Park Square Barristers, 27th April 2020

Source: www.parksquarebarristers.co.uk

Top judges urge “breathing space” over contract breaches – Litigation Futures

Posted April 28th, 2020 in contracts, coronavirus, dispute resolution, news by sally

‘Two former presidents of the Supreme Court have suggested introducing a “breathing space” so that contractual breaches arising from the coronavirus crisis are conciliated to avoid the courts being overwhelmed with disputes.’

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Litigation Futures, 27th April 2020

Source: www.litigationfutures.com

Do Me a Favour… But How? Helping your counterparties without risking your contractual rights – Radcliffe Chambers

Posted April 23rd, 2020 in chambers articles, company law, contracts, news by sally

‘A lot of attention has focused recently on how to get out of contracts by relying on frustration or force majeure. In the near future, there will be a reckoning of who has behaved well and who has behaved badly, irrespective of their legal rights. In this article, we look at ways in which our less cynical clients can do their commercial counterparties a favour, to help them get through the short term, without running the risk of losing their legal rights in the long term. While our clients might well want to help out the people with whom they do business, they would not want to lose out if they had to prove in a subsequent insolvency.’

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Radcliffe Chambers, 22nd April 2020

Source: radcliffechambers.com

Covid19, Force Majeure and Frustration – Thomas More Chambers

Posted April 23rd, 2020 in chambers articles, contracts, coronavirus, news by sally

‘The Covid19 pandemic and subsequent lockdown have created chaos for many businesses, rendering performance of existing contractual obligations difficult or impossible. This article looks at the potential legal remedies available to businesses facing such difficulties.’

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Thomas More Chambers, 22nd April 2020

Source: www.thomasmore.co.uk

Covid-19: FAQs on electronic signatures and e-signing – The 36 Group

Posted April 21st, 2020 in chambers articles, contracts, coronavirus, documents, electronic filing, news by sally

‘An electronic signature is data in electronic form which is attached to or logically associated with other data in electronic form, and which is used by a signatory to sign.’

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The 36 Group, 15th April 2020

Source: 36group.co.uk

Contractual rights of disclosed principals (Filatona Trading Ltd v Navigator Equities Ltd) – Henderson Chambers

Posted April 21st, 2020 in appeals, chambers articles, contracts, disclosure, news by sally

‘The Court of Appeal addressed in this case the interesting question of when it might be possible to exclude the right of a disclosed principal from enforcing and/or relying on the terms of a contract which does not expressly exclude such a principal from its remedies. The court considered the rare circumstances in which that might be a possibility, noting that they are rare indeed, as there is a strong presumption against finding that a disclosed but unnamed principal has given up their contractual remedies. Written by Adam Heppinstall, barrister, Henderson Chambers.’

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Henderson Chambers, 17th April 2020

Source: www.hendersonchambers.co.uk

COVID-19 and “Force Majeure” of contracts? – Not so Fast – 3PB

Posted April 21st, 2020 in chambers articles, contracts, coronavirus, news by sally

‘Force majeure is a continental law (Civil Code) concept addressing, in very general terms, some event or circumstance that causes the inability to perform obligations under a contract.’

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3PB, 3rd April 2020

Source: www.3pb.co.uk

What Does Happen When a CFA Ends Before the Claim for Damages Ends? – Hardwicke Chambers

Posted April 20th, 2020 in appeals, chambers articles, contracts, damages, news, part 36 offers by sally

‘The Appellant (‘Mrs Butler’) entered into a CFA with the Respondent solicitors, (‘Bankside’) in respect of a claim for damages against one company, Metris, for termination of a commercial agency.’

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Hardwicke Chambers, 15th April 2020

Source: hardwicke.co.uk

Covid 19 Employment Law Series: The Coronavirus Job Retention Scheme – Parklane Plowden

‘The Chancellor, Rishi Sunak, announced the Coronavirus Job Retention Scheme (“CJRS”) on 20th March 2020 with the aim to protect jobs during the crisis. A recent estimate is that this could cost £30-£40 billion over three months[1] and the take-up by businesses is much higher than expected such that 50% of companies are putting most of their staff into the scheme. We are all becoming familiar with the term ‘furlough’ (i.e. to allow or force someone to be absent temporarily from work) and up to nine million workers are now expected to be furloughed. The Scheme was necessarily hastily written in response to an unforeseen crisis and, despite government guidance issued on 27th March 2020 which was updated on 4th April 2020 and then again on 9th April 2020[4], employment lawyers are finding themselves advising on the gaps in the regime. The online service through which employers can make a claim is expected to be up and running by the end of April 2020 however in the interim employers, with the help of their advisors, are having to interpret the guidance to inform significant business decisions.’

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Parklane Plowden, 14th April 2020

Source: www.parklaneplowden.co.uk

Blind Dates in Contract and Agency: Who is My Contractual Counterparty?! – Hardwicke Chambers

Posted April 20th, 2020 in agency, appeals, chambers articles, contracts, news by sally

‘The Second Respondent (‘Mr Chernukhin’) was a prominent Russian businessman and former State official. In 2001, Mr Chernukhin entered into a joint venture with the Second Appellant (‘Mr Deripaska’), also a prominent Russian businessman, to acquire a controlling interest in a Russian textile company (‘TGM’). It was agreed between Mr Deripaska and Mr Chernukhin that each would contribute equally to the purchase, and that Mr Chernukhin’s then personal partner, one Ms Danilina, would be involved in running the business.’

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Hardwicke Chambers, 6th April 2020

Source: hardwicke.co.uk

Covid 19 Employment Law Series: Frustration: (Largely) unprecedented measures for unprecedented times? – Parklane Plowden

‘A contract may come to an end by operation of the doctrine of frustration when an unforeseen event makes performance impossible or radically different to what the parties originally intended. The doctrine applies to employment contracts as it does to other types of contract. However, it is an issue rarely encountered by employment lawyers. Tribunals are generally reluctant to find that an employment contract has been frustrated, largely because the doctrine allows employers to sidestep statutory protections afforded to employees. However, unprecedented times call for unprecedented measures, and frustration may become a useful tool in certain employers’ fight against the disruption caused by the Covid 19 pandemic.’

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Parklane Plowden, 1st April 2020

Source: www.parklaneplowden.co.uk

Frustration, Force Majeure and Covid-19 – Hardwicke Chambers

Posted April 20th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘Frustration and force majeure are legal concepts very much to the fore during the Covid-19 pandemic. John de Waal QC and Tom Bell review how they apply to the current coronavirus situation.’

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Hardwicke Chambers, 14th April 2020

Source: hardwicke.co.uk