contracts – Page 29 – Current Awareness

Opportunity doesn’t knock twice: recovering damages for consequential loss – Hardwicke Chambers

Posted April 13th, 2016 in banking, compensation, consumer protection, contracts, damages, financial services ombudsman, fines, misrepresentation, news, personal injuries, statutory duty by sally

‘Today’s banks are in receipt of the largest fines ever imposed by the Financial Conduct Authority (FCA), or its predecessor the Financial Services Authority (FSA), and although they are taking responsibility for a number of failings (eg PPI, Derivatives, LIBOR and FOREX), restrictions on recovering loss, in particular where consequential loss is concerned, have come under significant scrutiny. This article examines the measure of loss in tort and contract, and particularly explores investors’ difficulties when making claims for loss of profit caused by mis selling.’

Hardwicke Chambers, 31st March 2016

Source: www.hardwicke.co.uk

Commercial Landlord & Tenant Law – New Square Chambers

Posted April 13th, 2016 in appeals, apportionment, contracts, interpretation, landlord & tenant, leases, news, rent, Supreme Court by sally

‘In 2011, Marks and Spencer plc (“M&S”) operated a “break clause” in commercial leases of office premises. Following determination, M&S sought to recover from the landlord advance quarterly rent that it had paid for the period after the successful break. M&S relied, in part, on an implied term claim that post-break rent should be returned to it. The landlord denied the claim and litigation ensued. Morgan J in the High Court gave judgment for M&S on the claim. The Court of Appeal unanimously reversed the judgment. The Supreme Court unanimously dismissed M&S’ appeal and re-stated the principles for the implication of contract terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd[2015] UKSC 72, [2015] 3 WLR 1843.’

New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

Global firm must pay £118k over negligent advice – Law Society’s Gazette

Posted April 8th, 2016 in contracts, costs, damages, documents, employment, law firms, negligence, news, standards by sally

‘A High Court judge has ordered global firm King & Wood Mallesons to pay damages over negligent advice it gave to a commodities business intelligence firm – although they were only 5% of the sum claimed.’

Law Society’s Gazette, 7th April 2016

Source: www.lawgazette.co.uk

Junior doctors’ row: Government hit with second legal challenge over contracts – BBC News

Posted April 4th, 2016 in consultations, contracts, doctors, employment, industrial action, judicial review, news, remuneration by sally

‘A second legal challenge has been made over the government’s decision to impose a new contract on junior doctors in England.’

BBC News, 4th April 2016

Source: www.bbc.co.uk

A Friend in Need is a Friend Indeed…A Cautionary Tale – Hardwicke Chambers

Posted March 22nd, 2016 in contracts, duty of care, news, pro bono work by sally

‘It can be a common misconception that where services have been offered without charge then there will be no liability in the event that something goes wrong. This point was addressed in the recent case of Burgess and another v Lejonvarn [2016] EWHC 40 (TCC) and serves as a warning to all professionals offering free advice.’

Hardwicke Chambers, 4th March 2016

Source: www.hardwicke.co.uk

A laundrette by any other name smells less sweet – Hardwicke Chambers

Posted March 22nd, 2016 in contracts, covenants, leases, news by sally

‘This Q&A deals with user clauses in commercial leases. What is permitted by a covenant permitting use solely as a laundrette? Does such a clause permit the provision of dry-cleaning services?’

Hardwicke Chambers, 21st March 2016

Source: www.hardwicke.co.uk

Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd – WLR Daily

Posted March 15th, 2016 in agency, agreements, contracts, evidence, law reports, privilege by sally

Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd [2016] EWHC 486 (Comm)

‘The claimant was a commercial agent who acted for the defendant. The agency agreement between the parties provided for 12 months’ notice of termination. The claimant’s case was that, by e-mails dated 18 and 26 March 2013, the defendant gave notice of termination with effect from 11 February 2013, to terminate on 11 May 2013 and was thereby in repudiatory breach of contract, which repudiation the claimant accepted as bringing the agency agreement to an end. The claimant brought a claim for, inter alia, damages for termination with insufficient notice and sought to admit the defendant’s e-mails as evidence of the defendant’s repudiation. The defendant contended that the two e-mails, both marked “Without Prejudice”, were part of a series of without prejudice negotiations to settle a dispute as to termination of the agency and that, as such, they could not be relied on by the claimant as repudiatory and were inadmissible in evidence.’

WLR Daily, 8th March 2016

Source: www.iclr.co.uk

Ministry of Justice officials ‘helped private firms win government contracts’ – The Guardian

Posted March 15th, 2016 in civil servants, contracts, inquiries, Ministry of Justice, news, professional conduct, public procurement by sally

‘Ministers have ordered an immediate inquiry into allegations that former senior civil servants from the Ministry of Justice have used their Whitehall knowledge and contacts to help private companies secure government contracts worth millions.’

The Guardian, 14th March 2016

Source: www.guardian.co.uk

BMA ignored lawyers’ advice before launching judicial review over new contracts for junior doctors – Daily Telegraph

Posted March 1st, 2016 in contracts, doctors, industrial action, judicial review, news by sally

‘The British Medical Association ignored the advice of its own lawyers before launching a judicial review over new contracts for junior doctors, it has emerged.’

Daily Telegraph, 29th February 2016

Source: www.telegraph.co.uk

Value of the thresholds under the directives on Public Procurement applicable from 1 st January 2016 – Henderson Chambers

Posted February 24th, 2016 in contracts, EC law, news, public procurement by sally

‘On 15 December 2015, the Commission adopted new Regulations, Regulation (EU) Nos 2015/2340, 2015/2341 and 2015/23421, amending respectively Directives 2004/17/EC, 2004/18/EC and 2009/81/EC in respect of the relevant thresholds for the application of the procedures for the award of public contracts. The reason for this was to set the new procurement thresholds for the two year period beginning 1 January 2016 and to align the thresholds in the Directives with the thresholds applicable under the Agreement on Government Procurement.’

Henderson Chambers, 10th February 2016

Source: www.hendersonchambers.co.uk

Junior doctors launch legal challenge to Jeremy Hunt’s decision to impose new contract – The Independent

Posted February 24th, 2016 in contracts, doctors, judicial review, ministers' powers and duties, news, remuneration by sally

‘Junior doctors have a launched a legal challenge to Jeremy Hunt’s decision to impose a new contract, and announced that three fresh strikes will hit the NHS in the spring.’

The Independent, 23rd February 2016

Source: www.independent.co.uk

The New Stomping Ground: Validity of Payment Applications – Hardwicke Chambers

Posted February 24th, 2016 in construction industry, contracts, enforcement, news, time limits by sally

‘Since the consequences of failing to serve a valid and timely payment notice or pay less notice can be severe (see ISG Construction Ltd v Seevic College1), it perhaps should come as no surprise that in recent cases, there has been increasing attention on the validity of the application for payment because, without this, there can be no “notified sum” due to the contractor and, therefore, no requirement to serve a payment or pay less notice.’

Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

Caledonian Modular Ltd v Mar City Developments Ltd [2015] EWHC 1855 (TCC) – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, contracts, news, notification, remuneration by sally

‘The TCC determined that an ambiguous set of accounts sent by email were not a valid application for interim payment, with the result that the corresponding payless notice had been issued in time. The case serves as a reminder to contractors that the substantial benefits of the HGCRA payment provisions come with the clear obligation to make the nature and content of any application for interim payment obvious to an employer, or else the courts will likely find such an application to be invalid.’

Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

Henia Investments Inc v Beck Interiors Ltd [2015] EWHC 2433 (TCC) (14 August 2015) – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, contracts, news, notification, remuneration by sally

‘The TCC had to determine whether an interim application for payment made by a contractor was valid where it was ambiguous which payment date the application had been made for. Akenhead J determined that this ambiguity would be construed against the contractor and in favour of the employer, with the result that the contractor could not reap the benefit of his own valuations becoming the sum due without having made absolutely clear to the employer the nature and purpose of each application.’

Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

Let’s call it quits: Cruise ships, capital losses and mitigation – Commercial Disputes Blog

Posted February 22nd, 2016 in appeals, arbitration, charterparties, contracts, damages, news, ships by sally

‘In its recent judgment in Fulton Shipping Inc of Panama –v- Globalia Business Travel SAU the Court of Appeal considered a short, but important, point of law in relation to the calculation of damages in English law. The context in which it arose was an appeal from the decision of an arbitrator in a shipping charterparty dispute, but it is of significance much more widely in relation to English law contractual damages claims. In some ways, the question of principle which was being considered is remarkably simple, but that belies the complexity of the considerations needed to resolve it. ‘

Commercial Disputes Blog, 17th February 2016

Source: www.rpc.co.uk

Further shots fired in the long-running battle between credit hire companies and insurers… Zenith PI Blog

Posted February 8th, 2016 in appeals, consumer credit, contracts, damages, insurance, news by sally

‘Credit hire litigation is rife with technical arguments which have been accused of being “layers of artificiality” (by Judge Mackie in W v Veolia Environmental Services (UK) Plc [2011] EWHC 2020 (QB), [2012] 1 All E.R. (Comm) 667).’

Zenith PI Blog, 8th February 2016

Source: www.zenithpi.wordpress.com

Court of Appeal slashes award in law firm sale dispute – Legal Futures

Posted January 29th, 2016 in appeals, contracts, damages, economic loss, law firms, misrepresentation, news by sally

‘The Court of Appeal has reduced by almost two-thirds the balance awarded to the seller of a law firm by the High Court, after ruling that – among other things – the trial judge had been wrong not to award the buyer damages for misrepresentation of the firm’s finances.’

Legal Futures, 29th January 2016

Source: wwww.legalfutures.co.uk

High Court upholds Pensions Regulator’s approach to auto-enrolment of peripatetic workers – OUT-LAW.com

Posted January 18th, 2016 in contracts, employment, judicial review, news, pensions by sally

‘The eligibility of peripatetic workers for automatic enrolment onto workplace pension schemes in Great Britain depends on where the worker is based and not on what is set out in the worker’s contract, the High Court has said.’

OUT-LAW.com, 15th January 2016

Source: www.out-law.com

Innovative start-ups and the importance of getting the paperwork right – Technology Law Update

Posted January 15th, 2016 in assignment, contracts, law firms, negligence, news, patents by sally

‘A dispute over an unsuccessful start-up turns messy, but clears up a point of confusion over patent assignments.’

Technology Law Update, 14th January 2016

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

Court of Appeal permits early redemption of Lloyds Banking Group’s Enhanced Capital Notes – Commercial Disputes Blog

Posted January 13th, 2016 in appeals, banking, contracts, financial regulation, interpretation, news, time limits by sally

‘In BNY Mellon Corporate Trustee Services Ltd v LBG Capital No.1 and No. 2 Plc, the Court of Appeal reversed the first instance decision of the High Court, by allowing early redemption of certain convertible securities (known as Enhanced Capital Notes, or ECNs).’

Commercial Disputes Blog, 4th January 2016

Source: www.rpc.co.uk

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