Company Law: How do the courts interpret the articles of association? – Bloomsbury Professional Law Online Blog

Posted December 1st, 2021 in company law, contracts, drafting, interpretation, limitations, news by sally

‘A common problem with the articles of association is the addition of poorly drafted precedents with unambiguous terms. The court is often asked to make judgments on such provisions and to interpret the true meaning of the words used. To instigate the process of establishing the intention of the parties, it is important to consider firstly the articles in terms of their contractual obligations.’

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Bloomsbury Professional Law Online Blog, 22nd November 2021

Source: law.bloomsburyprofessional.com

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

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Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

The law of England and Wales can accommodate smart legal contracts, concludes Law Commission – Law Commission

Posted November 26th, 2021 in computer programs, contracts, Law Commission, legal services, news by tracey

‘The Law Commission has today confirmed that the existing law of England and Wales is able to accommodate and apply to smart legal contracts, without the need for statutory law reform. The Law Commission notes that, in some contexts, an incremental development of the common law is all that is required to facilitate the use of smart legal contracts within the existing legal framework.’

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Law Commission, 25th November 2021

Source: www.lawcom.gov.uk

No need for new laws on smart contracts, Law Commission says – Legal Futures

Posted November 25th, 2021 in contracts, interpretation, Law Commission, news by sally

‘There is no need for new legislation on smart contracts because the existing laws of England and Wales can accommodate them, the Law Commission has said.’

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Legal Futures, 25th November 2021

Source: www.legalfutures.co.uk

Law firm fights off wages claim from consultant solicitor – Legal Futures

Posted November 18th, 2021 in contracts, law firms, legal aid, news by tracey

‘An employment tribunal has rejected claims for unpaid wages and holiday pay from a solicitor who worked as a consultant at a law firm and it decided was not an employee.’

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Legal Futures, 18th November 2021

Source: www.legalfutures.co.uk

The LADs are Alright – Local Government Lawyer

‘Laura Campbell discusses liquidated damages in construction contracts, focussing upon the long-running Triple Point saga which ended in the Supreme Court this year.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

“Triple Point Technology Inc v PTT Public Company Limited [2021] UKSC 29” – Atkin Chambers

Posted November 4th, 2021 in contracts, damages, delay, negligence, news, Supreme Court by sally

‘The United Kingdom Supreme Court, allowing an appeal by PTT from the Court of Appeal, has clarified the relevant principles of English law relating to the construction of clauses providing for the payment of liquidated damages for delay. The Supreme Court has confirmed that, unless clear words in the contract provide otherwise, liquidated damages for delay will be an accrued right which is recoverable where the contract is terminated either under its terms or at law for repudiation.’

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Atkin Chambers, 6th October 2021

Source: www.atkinchambers.com

Are we exclusive? High Court reviews key contractual principles in the context of ‘casual’ commercial relationships (Zymurgorium Ltd v Hammonds of Knutsford plc) – 3PB

Posted November 3rd, 2021 in chambers articles, company law, contracts, news by sally

‘This case relates to a dispute arising in the context of a longstanding commercial arrangement, the terms of which had never been reduced to writing. The court considered whether an overriding agreement had been expressly entered into by the parties, as well as whether a number of terms formed part of the agreement between them, either by implication or subsequent variation. Such terms included an agreement on exclusivity, a duty to act in good faith, and a duty to use best endeavours, among others. The case also explores the requirements for a relational contract by reference to the overriding agreement and a number of Specific Supply Agreements (SSAs), and serves as a useful reminder for parties entering commercial arrangements of the pitfalls of failing to reduce their agreement to writing, particularly in the light of the fallible nature of oral evidence. Written by Mariya Peykova, barrister at 3PB Barristers.’

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3PB, 15th October 2021

Source: www.3pb.co.uk

UK government ordered to reveal firms awarded ‘VIP’ Covid contracts – The Guardian

‘The UK government has been ordered to reveal which companies were given “VIP” access to multimillion-pound contracts for the supply of personal protective equipment (PPE) in the early months of the Covid pandemic, in a ruling from the Information Commissioner’s Office (ICO).’

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The Guardian, 18th October 2021

Source: www.theguardian.com

Ruling highlights risk of personal liability of partners in dental practices – OUT-LAW.com

Posted September 16th, 2021 in contracts, dentists, negligence, news, partnerships, self-employment, vicarious liability by tracey

‘A recent preliminary judgment by the High Court in London provides a stark reminder of the potential exposure for personal liability faced by partners in dental practices and the need for appropriate contractual protections to mitigate those risks.’

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OUT-LAW.com, 15th September 2021

Source: www.pinsentmasons.com

Dwyer we not able to terminate our contract for COVID-19? – Practical Law: Construction Blog

Posted September 14th, 2021 in contracts, coronavirus, news by tracey

‘Since the COVID-19 pandemic began, a key question for practitioners has been whether COVID-19 constitutes a force majeure event and so entitles parties to relief under contracts that include force majeure provisions. Much has been written on how little case law there is on this topic and how English law does not recognise force majeure as a standalone concept.’

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Practical Law: Construction Blog, 8th September 2021

Source: constructionblog.practicallaw.com

UK Supreme Court clarifies scope of ‘lawful act economic duress’ – OUT-LAW.com

Posted September 7th, 2021 in contracts, duress, news, Supreme Court by sally

‘A recent decision by the UK’s highest court has clarified the circumstances in which a party to a commercial contract is entitled to rescind that contract on the grounds of ‘economic duress’ under English law.’

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OUT-LAW.com, 6th September 2021

Source: www.pinsentmasons.com

Collateral damage (again) – Parkwood and Toppan – Practical Law: Construction Blog

Posted September 3rd, 2021 in construction industry, contracts, interpretation, news, warranties by tracey

‘Doesn’t time fly. I can’t believe it is almost eight years since Practical Law published my blog on Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd. As readers may recall, in that case Akenhead J decided that a collateral warranty (CW) given by Laing in favour of Parkwood was a construction contract for the purposes of the Construction Act 1996, and that accordingly Parkwood could pursue a defects claim under it by way of adjudication. I suggested that the decision was “simply wrong” and could have “highly undesirable ramifications” for the negotiation of CWs going forward. (After an initial flurry, it seems that I may have been wrong on the second count, but let’s draw a veil over that for now.).’

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Practical Law: Construction Blog, 2nd September 2021

Source: constructionblog.practicallaw.com

Not sharing Covid risks would threaten viability of construction projects – OUT-LAW.com

Posted September 2nd, 2021 in construction industry, contracts, coronavirus, drafting, news by sally

‘The construction industry faces many challenges related to Covid-19, and if it doesn’t take a co-operative approach and share risks then it could make the situation even worse.’

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OUT-LAW.com, 1st September 2021

Source: www.pinsentmasons.com

The Authority to Enter into a Contract on Behalf of a Business – Who Has It? – Becket Chambers

Posted August 26th, 2021 in chambers articles, contracts, news, third parties by sally

‘In order for a contract to be enforceable against a business, the person who entered into it on business’ behalf must have had the requisite authority to do so. In reality, a wide range of people often have the authority to enter into contracts on behalf of businesses, but for the purposes of this article I will simply refer to the person seeking to enter into a contract on behalf of the business as ‘the employee’.’

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Becket Chambers, 12th August 2021

Source: becket-chambers.co.uk

Court blocks removal of Serpentine boathouse – Law Society’s Gazette

Posted August 23rd, 2021 in building law, contracts, news, parks by tracey

‘A High Court judge has backed the Royal Parks in its battle to stop the removal of a boathouse on the north bank of the Serpentine lake in London’s Hyde Park. The ruling hinged on the question of whether a wooden structure erected by the operator of rowing and pedal boats forms part of Hyde Park and therefore belongs to the Crown.’

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Law Society's Gazette, 23rd August 2021

Source: www.lawgazette.co.uk

New Judgment: Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 – UKSC Blog

Posted August 19th, 2021 in agency, airlines, contracts, duress, news, Supreme Court by sally

‘The issue in this appeal is whether, and if so in what circumstances, a party can set aside a contract on the ground that it was entered into as a result of the other party threatening to do a lawful act.’

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UKSC Blog, 18th August 2021

Source: ukscblog.com

Judge right to consider “mystery” of who was funding law firm – Legal Futures

Posted August 19th, 2021 in contracts, costs, law firms, news by sally

‘A judge who had “no information at all” as to how the defence of a dormant law firm was being funded was right not to ignore the issue, appeal judges have ruled.’

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Legal Futures, 18th August 2021

Source: www.legalfutures.co.uk

Landmark UK court ruling due in ‘bride price’ dispute – The Guardian

Posted August 16th, 2021 in contracts, divorce, islamic law, marriage, news, women by tracey

‘A landmark judgment that could bring part of UK law into line with sharia law’s position on “bride price” payments is to be announced this week in the central London county court, in a case backed by a women’s charity.’

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The Guardian, 16th August 2021

Source: www.theguardian.com

Liquidated damages and London buses – Practical Law: Construction Blog

Posted August 11th, 2021 in compensation, construction industry, contracts, damages, news by tracey

‘Cases about liquidated damages are, it transpires, like London buses: you wait ages for one to turn up and then two come along together.’

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Practical Law: Construction Blog, 9th August 2021

Source: constructionblog.practicallaw.com