‘Contract law will need to be updated, and new civil liability rules considered, to account for the use of artificial intelligence (AI) in financial services, a senior UK judge has said.’
OUT-LAW.com, 30th October 2018
Source: www.out-law.com
‘The number of cohabitating families has increased by almost 30% in the last decade, which has led to a rise in complex legal disputes after a break-up. It is a common misconception that cohabitants possess the same legal rights and obligations as a married couple or a civil partnership. There is no such thing as a “common law” husband or wife in the eyes of the Court and therefore it is important that cohabitants are aware of their rights, according to Danielle Bentley, a solicitor at Herrington & Carmichael LLP.’
Family Law, 29th October 2018
Source: www.familylaw.co.uk
‘Employers under construction contracts often find themselves under time pressure to get started with construction of their projects prior to concluding negotiations with their preferred contractor and before the building contract is entered into. In such a scenario, employers commonly choose to rely on a letter of intent. This should give the contractor comfort to proceed with certain elements of the construction works, while the parties continue to negotiate the full contract terms. Unfortunately not all “letters of intent” are clearly formulated in advance, and the parties may find themselves proceeding with the works on the basis of a series of exchanges and correspondence, as was the case in Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd.’
Practical Law: Construction Blog, 24th October 2018
‘Financial Technology: Opportunities and Challenges to Law and Regulation, East China University of Political Science and Law, Shanghai, China.’
Supreme Court, 26th October 2018
Source: www.supremecourt.uk
‘Speech by Lord Justice Leggatt, Negotiation in Good Faith: Adapting to Changing Circumstances in Contracts and English Contract Law.’
Courts and Tribunals Judiciary, 22nd October 2018
Source: www.judiciary.uk
‘A High Court judge has refused to lift the automatic suspension in place following a legal challenge to the proposed award of a contract for adult community health services.’
Local Government Lawyer, 22nd October 2018
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has upheld a limitation of liability clause negotiated between the parties on a defective construction project, when work began before the parties formalised those terms.’
OUT-LAW.com, 23rd October 2018
Source: www.out-law.com
‘Universities have a duty to support students with mental health issues, but there are a series of legal issues that they need to consider which should shape how they do so.’
OUT-LAW.com, 17th October 2018
Source: www.out-law.com
‘The Court of Appeal has come to the aid of Arcadis Consulting (UK) Ltd by overturning Coulson J’s judgment in Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd – a case described by the judge as one “with something of a sting in its tail”. The sting in question was Coulson J’s finding that a contract between Arcadis and AMEC did not incorporate any term that limited Arcadis’ liability. As a result, Arcadis faced a potential loss of £40 million.’
Practical Law: Construction Blog, 12th October 2018
‘The last time I looked at the dispute between Rawlings Consulting (UK) Ltd and Maelor Foods Ltd, I was talking about HHJ Eyre’s judgment and how the arbitration clause in a JCT standard building contract can “trump” a Part 8 application for declaratory relief. This time, I’m looking at HHJ Stephen Davies’ judgment and Maelor’s (the employer) jurisdictional challenge, based on the argument that the dispute which Rawlings (the contractor) referred to adjudication arose under more than one contract.’
Practical Law: Construction Blog, 2nd October 2018
‘The English High Court has ruled that a charter company was in breach of contract when it failed to provide cargoes to a ship owner – but that the contract’s ‘force majeure’ clause means it escapes paying damages.’
OUT-LAW.com, 24th September 2018
Source: www.out-law.com
‘When I was a kid, Top Trumps were all the rage. I know from my own boys that they still are. Back then, it was all about whether you had the fastest car or the most popular footballer (even Star Wars characters featured, but how did you decide if Hans Solo was better than Princess Leia?). Now, just about every topic is covered by a set of cards.
I mention this because a recent TCC judgment demonstrates that the arbitration clause in the JCT standard building contract can “trump” a Part 8 application for declaratory relief, with the court granting a stay of those Part 8 proceedings.’
Practical Law: Construction Blog, 18th September 2018
‘A contract can be a long term commitment. Over the course of a contract, things happen. Circumstances change. Force majeure clauses generally allow parties to allocate contractual risk, by limiting liability, excusing performance or providing for termination, if unusual or unfortunate circumstances arise. However, the recent case of Seadrill v Tullow reminds us that it is not all that easy for a party to seek to avoid obligations it has freely undertaken.’
Practical Law: Construction Blog, 10th September 2018
‘This case is a reminder, if any were needed, of the difficulties facing Claimants in deciding whether or not to pursue multiple Defendants.’
Zenith PI, 10th September 2018
Source: zenithpi.wordpress.com
‘It is the start of autumn and July seems a long way off now, with the summer holidays all over and the World Cup just a distant memory. Consequently, it may be easy to have forgotten about Vinci Construction UK Ltd v Beumer Group UK Ltd, which had its latest outing in the TCC at the end of that month. This time it was Jonathan Acton Davis QC (sitting as a deputy High Court judge) who enforced the adjudicator’s decision and dismissed Beumer’s (the sub-contractor) arguments that the adjudicator was in breach of the rules of natural justice.’
Practical Law: Construction Blog, 4th September 2018
‘A heart surgeon excluded from working at a hospital pending disciplinary proceedings has said she is delighted to win the latest stage of a high court fight.’
The Guardian, 28th August 2018
Source: www.theguardian.com
‘Signing on the dotted line has been the seal on deals and contracts for hundreds of years.’
Daily Telegraph, 21st August 2018
Source: www.telegraph.co.uk
‘In the wake of the Carillion insolvency, many sub-contractors are likely to be investigating their rights to terminate their contracts with a now defunct main contractor. Looking for a clean break, they may be tempted by the explicit termination rights that standard form building contracts often contain, and that may be deployed in the event of main contractor insolvency.’
Hardwicke Chambers, 5th July 2018
Source: www.hardwicke.co.uk
‘Anna Beale represented the claimant, Ms Ajayi, a migrant domestic worker, in this unusual High Court claim brought against her former employers, Mr and Mrs Abu, for payment of the minimum wage, harassment, breach of contract and personal injury. In August 2017, the court found that the “family worker” exemption to the requirement to pay the minimum wage did not apply in this case. The quantification of that claim, together with Ms Ajayi’s other claims, was dealt with in a further hearing, the final judgment from which has recently been released.’
Cloisters, 11th July 2018
Source: www.cloisters.com
‘Tanfield barristers Marc Glover and Chloe Sheridan successfully represented the Claimants in a High Court dispute over East Thurrock United Football Club. In a judgment handed down on 25th July 2018, the Court dismissed the defendant’s and additional parties’ claims to a share in the land used by the Football Club, claimed to be worth £10 million.’
Tanfield Chambers, 6th August 2018
Source: www.tanfieldchambers.co.uk
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