Category: contracts

Using Part 8 to “appeal” adjudicator’s decision – Practical Law: Construction Blog

Posted September 12th, 2017 in appeals, arbitration, construction industry, contracting out, contracts, news by sally

‘It isn’t every day that we get to refer to Will Smith’s “wicky wicky wild wild wild west“, on this blog, but Jonathan managed it last year when he discussed Fraser J’s judgment in Beumer Group UK Ltd v Vinci Construction UK Ltd. The parties have been before the court again, this time before O’Farrell J, on a Part 8 declaratory relief application. There is no mention of the wild west this time around. It was all about whether the adjudicator had correctly interpreted the parties’ sub-contract. Not a subject for cowboys!.’

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Practical Law: Construction Blog, 12th September 2017

Source: constructionblog.practicallaw.com

Asda forced to repay suppliers after breaching fair dealing code – The Guardian

Posted September 6th, 2017 in codes of practice, contracts, news, repayment, unfair commercial practices by sally

‘Asda has been forced to pay back hundreds of thousands of pounds to dozens of suppliers after breaching an industry code governing fair dealing.’

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The Guardian, 4th September 2017

Source: www.theguardian.com

Paralegal wins employment tribunal claim for £14,000 bonus from personal injury firm – Legal Futures

Posted September 5th, 2017 in contracts, employment, employment tribunals, law firms, news, paralegals by sally

‘A paralegal employed by a personal injury firm under an oral contract was entitled to a bonus payment worth almost £14,000, an employment tribunal has ruled.’

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Legal Futures, 5th September 2017

Source: www.legalfutures.co.uk

Court grants injunction to allow client access to design data held in BIM model – OUT-LAW.com

Posted August 29th, 2017 in computer programs, construction industry, contracts, injunctions, news by sally

‘The High Court has granted an interim injunction requiring a consultant to reinstate its client’s access to design data held in a building information modelling (BIM) system to which it controlled access.’

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OUT-LAW.com, 29th August 2017

Source: www.out-law.com

Pre-action admission of contractual liability (Susan Elisabeth Wood v Days Healthcare UK Ltd) – Hardwicke Chambers

Posted August 22nd, 2017 in appeals, contracts, news, striking out, summary judgments by sally

‘Dispute Resolution analysis: Colm Nugent, barrister at Hardwicke Chambers, explains why the appeal court will not readily countenance a complete change of case on an appeal when the claim or defence as advanced has been struck out, or summary judgment given.’

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Hardwicke Chambers, 15th August 2017

Source: www.hardwicke.co.uk

Not up for Negotiation: Court of Appeal Clarifies the Meaning of ‘Written Standard Terms of Business’ By Benjamin Gray – Littleton Chambers

Posted August 22nd, 2017 in agreements, appeals, contracts, news by sally

‘The Unfair Contract Terms Act 1977 is a powerful way to avoid exclusions of liability. Its power, however, is tempered by need for one party to deal with the other ‘as a consumer or on the other’s written standard terms of business’ (s. 3(1)).’

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Littleton Chambers, 19th July 2017

Source: www.littletonchambers.com

Supreme Court rules on contractor’s liability for design – OUT-LAW.com

Posted August 4th, 2017 in construction industry, contracts, energy, guarantees, news by sally

‘A warranty provided by construction company MT Hojgaard (MTH) that the underlying works would have a service life of 20 years took precedence over conflicting terms in the contract, including adherence to industry standards, the UK’s highest court has ruled.’

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OUT-LAW.com, 3rd August 2017

Source: www.out-law.com

Binding agreements in TOLATA claims – Family Law Week

Posted August 2nd, 2017 in agreements, civil justice, consent orders, contracts, family courts, financial provision, jurisdiction, news, trusts by sally

‘Alexander Chandler, barrister, 1 King’s Bench Walk, considers the law and practice of agreements to settle TOLATA claims.’

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Family Law Week, 28th July 2017

Source: www.familylawweek.co.uk

Mike Ashley wins high court battle over ‘£15m pub deal’ – The Guardian

Posted July 26th, 2017 in contracts, enforcement, news by sally

‘Newcastle United owner and Sports Direct boss Mike Ashley has won a high court battle with investment banker Jeffrey Blue over a £15m deal allegedly made in a London pub.’

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The Guardian, 26th July 2017

Source: www.theguardian.com

Court of Appeal rejects bid to invalidate CFAs signed at “chaotic” meeting of class action members – Litigation Futures

Posted July 25th, 2017 in appeals, class actions, consumer protection, contracts, fees, news by sally

‘The Court of Appeal has dismissed a technical challenge to conditional fee agreements (CFAs) signed by members of a class action during a meeting organised for that purpose.’

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Litigation Futures, 25th July 2017

Source: www.litigationfutures.com

Businessman sues Harley Street Clinic for £1m after ex-girlfriend forged his signature to get IVF, court hears – Daily Telegraph

Posted July 21st, 2017 in assisted reproduction, consent, contracts, forgery, news by sally

‘A wealthy businessman is suing a Harley Street fertility clinic for £1 million after his ex-girlfriend “forged” his signature to be able to “secretly” conceive his baby daughter by IVF, a high court heard yesterday.’

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Daily Telegraph, 20th July 2017

Source: www.telegraph.co.uk

Supreme Court to hear gambling ‘cheat’ case – OUT-LAW.com

Posted July 13th, 2017 in appeals, contracts, gambling, news, Supreme Court by sally

‘The UK Supreme Court is to hear a legal argument in a case that will ultimately determine whether a casino must pay out more than £7.7 million in winnings to a professional gambler it has accused of cheating.’

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OUT-LAW.com, 12th July 2017

Source: www.out-law.com

Cherry Picking – Falcon Chambers

Posted July 6th, 2017 in appeals, contracts, land registration, mortgages, news, sale of land by sally

‘The principles which apply to the construction and interpretation of “ordinary” contracts, are most famously set out in Investors Compensation Scheme and more recently explored in some other cases. Although Wood v Capita appears to indicate a continued trend in the authorities towards a stricter textual analysis, it remains the case that the context in which a contract was agreed, the “factual matrix”, is an important part of the Court’s armoury in establishing meaning.’

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Falcon Chambers, June 2017

Source: www.falcon-chambers.com

Issues highlighted by GB Building Ltd v SFS Fire Services Ltd – Hardwicke Chambers

Posted July 5th, 2017 in building law, construction industry, contracting out, contracts, insurance, legal language, news by sally

‘Practical completion is a key concept in any construction project. It has a significant impact on a party’s rights and obligations, and represents a major milestone in the overall project timetable. Under the majority of construction projects, it marks the point at which the clock starts running for the overall transfer of risk from the contractor to the owner.’

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Hardwicke Chambers, 30th June 2017

Source: www.hardwicke.co.uk

Lifting Automatic Suspension – Local Government Law

Posted June 30th, 2017 in contracts, damages, news, public procurement, transport by sally

‘In yet another Alstom Transport UK Limited v London Underground Ltd (2017) EWHC 1521 (TCC) the Defendants applied to lift an automatic suspension on contract making imposed by the Utilities Contracts Regulations 2006.’

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Local Government Law, 28th June 2017

Source: local-government-law.11kbw.com

Music and Entertainment Law: Music Contracts – Editions Musicales Alpha S.A.R.L. v Universal Music Publishing Ltd and Others – NIPC Law

Posted June 29th, 2017 in artistic works, contracts, copyright, intellectual property, news by sally

‘This case, which came before His Honour Judge Hacon on 23 Feb 2017, shows how copyright comes into being, how it is assigned and how much care should be taken when drawing up agreements for its assignment, particularly when settling disputes over ownership.’

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NIPC Law, 28th June 2017

Source: nipclaw.blogspot.co.uk

English courts’ willingness to uphold parties’ choice of law provides certainty in Brexit world, says expert – OUT-LAW.com

Posted June 21st, 2017 in agreements, appeals, arbitration, contracts, courts, derivative claims, international law, jurisdiction, London, news by sally

‘A Court of Appeal decision upholding the parties’ choice to use English law under a swap agreement will provide some relief to financial firms despite the ongoing uncertainty around the UK’s decision to leave the EU, an expert has said.’

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OUT-LAW.com, 21st June 2017

Source: www.out-law.com

Law Society publishes first slavery and human trafficking statement – Legal Futures

Posted June 6th, 2017 in contracts, law firms, news, solicitors, trafficking in human beings by sally

‘The Law Society has issued its first slavery and human trafficking statement, in compliance with the Modern Slavery Act 2015, emphasising its commitment to ensuring that “such practices have no place within its supply chain or other activities”.’

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Legal Futures, 6th June 2017

Source: www.legalfutures.co.uk

Watson and others v Watchfinder.co.uk Ltd – WLR Daily

Posted June 1st, 2017 in agreements, company directors, consent, contracts, law reports, shareholders by sally

Watson and others v Watchfinder.co.uk Ltd [2017] EWHC 1275 (Comm)

‘The claimants were directors and shareholders of a business development consultancy whose services the defendant company retained to assist it in attracting investors. At the same time, the defendant entered into a share option agreement with the claimants on terms which, as later amended, provided for the claimants to purchase a certain percentage of the defendant’s issued share capital at a given price, but also provided that the option could not be exercised without the consent of a majority of the defendant’s board of directors. The claimants later sought to exercise the option but consent was refused. The claimants brought proceedings for specific performance of the share option agreement, contending that, as a matter of construction of that agreement or by way of an implied term, the defendant could not exercise its discretion over the grant of consent in a way that was arbitrary, capricious or irrational.’

WLR Daily, 25th May 2017

Source: www.iclr.co.uk

Jason Varuhas: Judicial Review beyond Administrative Law: Braganza v BP Shipping Ltd and Review of Contractual Discretions – UK Constitutional Law Association

Posted June 1st, 2017 in appeals, contracts, judicial review, news, shipping law, Supreme Court by sally

‘Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of discretions in other fields. For example courts review powers exercised by trustees, and indeed much of equity might be characterised as a law of administration. Our focus here will be the legal principles sourced in the law of contract which regulate the exercise of powers of decision, including discretions, under contracts (‘contractual review’) and the interrelationship between these principles and those common law principles regulating exercise of administrative powers under statute (‘administrative law review’).’

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UK Constitutional Law Association, 31st May 2017

Source: ukconstitutionallaw.org