Force Majeure and reasonable endeavours clauses – 11 KBW

Posted April 17th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘As the United Kingdom is in the midst of an extended period of lockdown pursuant to the Health Protection (Coronavirus Restrictions) (England) Regulations 2020 (“the Coronavirus Regulations”), contracting parties are turning to the often overlooked force majeure clauses in their agreements.’

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11 KBW, 9th April 2020

Source: www.11kbw.com

Courting peril: the lessons in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd – Falcon Chambers

Posted April 16th, 2020 in chambers articles, contracts, dispute resolution, news by sally

‘The recent judgment of Mrs Justice O’Farrell in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) provided a boost for anyone entering a contract who would prefer to utilise a pre-agreed dispute resolution process in the event of a future contractual disagreement. Specifically, the case provides valuable guidance on the court’s approach if asked to enforce a contractual dispute resolution clause providing for alternative dispute resolution (ADR).’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

COVID-19 Dispute Resolution – Applying the Principle of Frustration to Cancellations Caused by the Virus – 4 New Square

Posted April 16th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘What happens where a contracting party no longer wishes to perform their obligations because of COVID-19? This is likely to be a major source of disputes in the near future as contracts become uneconomic or difficult to perform because of the virus and the unprecedented disruption it is causing. What are the rights of the parties where an event has been cancelled because of COVID-19 but one of the parties has paid a deposit and the other has spent money preparing for it?’

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4 New Square, 2nd April 2020

Source: www.4newsquare.com

“Give Me Just A Little More Time” – Littleton Chambers

Posted April 16th, 2020 in chambers articles, contracts, coronavirus, news, sport by sally

‘Bianca Balmelli and Nicholas Siddall QC analyse the legal issues arising from the differing responses of sporting events to the Covid-19 pandemic.’

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Littleton Chambers, 7th April 2020

Source: www.littletonchambers.com

Legal realities of an ‘extension’ to the football season – Law Society’s Gazette

Posted April 9th, 2020 in contract of employment, contracts, coronavirus, delay, news, sport by sally

‘The football world, like almost every other sector of the economy, is grappling with the unprecedented impact of the coronavirus pandemic. In English football, the official position remains as set out in the joint statement issued by the main professional stakeholders on 20 March 2020: football is currently suspended but ‘all options’ are being explored ‘to find ways of resuming the season when conditions allow’.’

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7th April 2020

Source: www.lawgazette.co.uk

Contracting with Coronavirus: the NEC contract terms – 39 Essex Chambers

‘This article, the second in a series of three articles, considers the effect of Coronavirus on the contract regimes applicable to NEC forms of contract. Other articles cover JCT terms, and the possible impact of the common law principle of frustration.’

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39 Essex Chambers, 27th March 2020

Source: www.39essex.com

Contracting with Coronavirus: JCT contract terms – 39 Essex Chambers

‘This article, the first in a series of three articles, considers the effect of Coronavirus on the contract terms applicable to the JCT form of contract. Other articles cover NEC terms, and the possible impact of the common law principle of frustration.’

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39 Essex Chambers, 26th March 2020

Source: www.39essex.com

Check your Email Signatures! – Falcon Chambers

‘As every property practitioner knows, s 2(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (the 1989 Act) requires a contract for the sale or other disposition of land to be ‘signed by or on behalf of each party’. Neocleous v Rees [2019] EWHC 2462 (Ch), [2019] All ER (D) 25 (Oct) was the first occasion on which the court was asked to determine whether an email footer satisfied the requirement for a signature in s 2(3). The issue arose in the context of an alleged compromise agreement between the parties to a property dispute, which was contained in an exchange of emails between their solicitors. Viewed in the wider context of the earlier authorities, and a recent Law Commission report, the decision encourages practitioners to consider how formality requirements in property transactions—and more generally—are now operating in an increasingly digital world.’

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Falcon Chambers, 13th March 2020

Source: www.falcon-chambers.com

C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331 – The relationship between hybrid contracts and valid payment notices – Hardwicke Chambers

‘The Housing Grants, Construction and Regeneration Act 1996 created hybrid contracts, and with that, complications as to the relationship between these contracts and the Act. In the significant case of C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331, Lord Coulson clarifies whether a valid payment notice ought to separately identify the sum due in respect of construction operations.’

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Hardwicke Chambers, 26th March 2020

Source: hardwicke.co.uk

The relevance of pre-contract information – Law Society’s Gazette

Posted March 31st, 2020 in asbestos, building law, construction industry, contracts, news by sally

‘In PBS Energo v Bester Generacion [2020] EWHC 223 (TCC), the Technology and Construction Court concluded that asbestos contamination, encountered on a biomass energy plant construction project, had been foreseeable in light of the pre-contract information provided to the subcontractor. The effect of this was that the subcontractor had not been entitled to an extension of time.’

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Law Society's Gazette, 30th March 2020

Source: www.lawgazette.co.uk

Force majeure in 2020 – Law Society’s Gazette

Posted March 30th, 2020 in brexit, climate change, contracts, coronavirus, news by sally

‘While thousands of coronavirus sufferers around the world will be getting doctors’ notes to excuse them from work, Chinese businesses have been getting ‘force majeure certificates’ from their government to excuse them from contractual performance.’

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Law Society's Gazette, 25th March 2020

Source: www.lawgazette.co.uk

Inducing Breach of Contract: – Reliance on Legal Advice Saves the Day in Court of Appeal – Littleton Chambers

Posted March 24th, 2020 in appeals, chambers articles, contracts, covenants, enforcement, legal services, news by sally

‘In an important decision yesterday (27 February), Allen v Dodd & Co Limited [2020] EWCA Civ 258, the Court of Appeal held that if a person believes their conduct will probably not result in a breach of a contract they will not be liable for inducing a breach even if: (a) they knew there was a risk of breach; and (b) the court subsequently finds such a breach.’

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Littleton Chambers, 28th February 2020

Source: www.littletonchambers.com

Coronavirus, sport & the law of frustration and force majeure – Sports Law Bulletin from Blackstone Chambers

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

‘The decision of the English Premier League, Football League and the Scottish FA to suspend football matches as a result of corona virus is the latest in a series of unprecedented responses to the global pandemic. Nick De Marco QC discusses the legal issues in sport arising from the worldwide health crisis.’

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Sports Law Bulletin from Blackstone Chambers, 13th March 2020

Source: www.sportslawbulletin.org

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2020] EWCA Civ 11 – Hardwicke Chambers

‘The Appellant was a corporate and investment bank (the “Bank”). On 7 May 2015, it entered into a Sale and Purchase Agreement (the “Agreement”) as the seller of a 23.8% shareholding in an Indonesian company traded on the London Stock Exchange. The Respondent solicitors, (“Ashurst”), had acted for the First Defendant, the counterparty buyer under the Agreement (“ACE”).’

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Hardwicke Chambers, 5th March 2020

Source: hardwicke.co.uk

Coronavirus/COVID-19 – the impact on contracts – Technology Law Update

Posted March 16th, 2020 in contracts, coronavirus, health, insurance, news by sally

‘The COVID-19 outbreak is now causing widespread disruption in many countries, with increasing impact on supply chains and transport. What can you do if you or your counterparties are prevented from normal contractual performance by the disease?’

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Technology Law Update, 13th March 2020

Source: www.technology-law-blog.co.uk

Court of Appeal clarifies UK Construction Act treatment of hybrid contracts – OUT-LAW.com

Posted March 10th, 2020 in building law, contracts, news, notification by tracey

‘The Court of Appeal in London has ruled that UK construction law does not require hybrid contracts to include distinct notifications with separate break downs for construction operations and non-construction operations.’

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OUT-LAW.com, 9th March 2020

Source: www.pinsentmasons.com

Judge rejects call by developer for summary judgment in dispute over s106 agreement and second planning permission – Local Government Lawyer

Posted March 10th, 2020 in contracts, interpretation, news, planning, summary judgments by tracey

‘A High Court judge has rejected a developer’s application for summary judgment of its claim for a declaration that residential development of land in Holt, Norfolk was not bound by obligations contained in a section 106 agreement.’

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Local Government Lawyer, 9th March 2020

Source: www.localgovernmentlawyer.co.uk

Yuanda v Multiplex – “ascertaining” damages pre-adjudication under ABI bond – Practical Law Construction Blog

Posted March 5th, 2020 in construction industry, contracts, damages, guarantees, news by tracey

‘The TCC has just handed down judgment in Yuanda (UK) Company Ltd v Multiplex Construction Europe Ltd and another, which will be of interest to the construction industry as it deals with how ABI-type performance bonds operate.’

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Practical Law Construction Blog, 4th March 2020

Source: constructionblog.practicallaw.com

Law firm “under no duty” to disclose counsel’s advice to funder – Litigation Futures

Posted March 5th, 2020 in champerty, contracts, disclosure, law firms, legal representation, news by tracey

‘The High Court has struck out claims brought against a City law firm that a litigation funder said did not pass on the “pessimistic views” expressed by counsel about a case it was backing.’

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Litigation Futures, 5th March 2020

Source: www.litigationfutures.com

I tort I was covered? Management companies procuring maintenance works – a common pitfall – Practical Law Construction Blog

Posted February 27th, 2020 in building law, contracts, duty of care, landlord & tenant, news by tracey

‘Tenants and building owners frequently devolve management of their repair and maintenance responsibilities to management companies, who often enter into agreements with contractors for the repair and maintenance of the buildings they manage. This can be an attractive prospect from an administrative point of view, keeping such contractual arrangements at arm’s length from an occupier who lacks the resource, expertise or appetite to manage and monitor such relationships. However, devolving responsibility for entering into maintenance contracts is not without risk if no provision is made for recourse should things go awry as illustrated by the recent first instance case of John Innes Foundation and others v Vertiv Infrastructure Ltd.’

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Practical Law Construction Blog, 26th February 2020

Source: constructionblog.practicallaw.com