PBS Energo AS v Bester Generacion UK Ltd & Anor [2020] EWHC 223 (TCC) – Atkin Chambers

Posted February 21st, 2020 in building law, chambers articles, construction industry, contracts, news by sally

‘On 7 February 2020 Mrs Justice Cockerill DBE handed down judgment in PBS Energo AS v Bester Generacion UK Ltd & Anor [2020] EWHC 223 (TCC). Steven Walker QC and Tom Owen appeared for Bester instructed by Rebecca Williams of Watson Farley Williams.’

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Atkin Chambers, 7th February 2020

Source: www.atkinchambers.com

Cryptocurrency is Property: AA v Persons Unknown – The 36 Group

Posted February 11th, 2020 in contracts, electronic commerce, jurisdiction, news by sally

‘In a significant recent decision, the High Court has acknowledged the finding of the UK Jurisdiction Taskforce (“UKJT”) in its Legal Statement on Cryptoassets and Smart Contracts that cryptocurrency is property.’

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The 36 Group, 11th February 2020

Source: 36group.co.uk

Beware the exchange of emails – another example of a contract being agreed by mistake – Technology Law Update

Posted February 11th, 2020 in contracts, electronic mail, news by sally

‘Emails might be seen as informal, but they are just as capable of creating binding agreements as good old-fashioned pen and paper. The Business and Property Court recently reminded us of this in Athena Brands v Superdrug.’

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Technology Law Update, 10th February 2020

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

Rail franchise bid case starts in high court – The Guardian

Posted January 20th, 2020 in compensation, contracts, government departments, news, pensions, railways by sally

‘A high court battle pitting rail operators against the government is due to start on Monday, with Stagecoach and others seeking tens of millions of pounds in compensation in a case that could have far-reaching implications for the privatised rail system.’

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The Guardian, 19th January 2020

Source: www.theguardian.com

Terminating leases for repudiatory breach – Wilberforce Chambers

Posted January 16th, 2020 in contracts, damages, landlord & tenant, leases, news by sally

‘A repudiatory breach of a contract (or a renunciation) can be a powerful weapon in the hands of the innocent party to the contract – it gives them a choice:
– Affirm the contract – keep it ongoing, sue for specific performance of whatever contractual obligation the other party has breached, and/or claim damages suffered as a result of the breach; or
– Accept the repudiation – bring the contract to an end, discharging both parties from further performance, and claim damages for loss occasioned by the termination.’

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Wilberforce Chambers, 8th January 2020

Source: www.wilberforce.co.uk

What to do when your solicitor has not paid – Counsel

Posted January 9th, 2020 in barristers, contracts, fees, legal aid, news, solicitors by sally

‘Unpaid fees? Give some thought to your contractual status and when to use the ‘nuclear option’.’

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Counsel, January 2020

Source: www.counselmagazine.co.uk

Banking litigators eye disputes from LIBOR change – Litigation Futures

Posted January 8th, 2020 in banking, class actions, contracts, interest, news, shareholders by sally

‘The replacement of LIBOR and the growth in class actions are set to come to the fore for banking litigators, according to specialist solicitors.’

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Litigation Futures, 7th January 2020

Source: www.litigationfutures.com

TPO in Football: What it is, how it is developing, and what it should be – Blackstone Sports Law Bulletin

Posted January 7th, 2020 in contracts, news, sport, third parties by sally

‘The issue of Third Party Ownership in football remains a live one, despite FIFA’s outright prohibition in 2015. Any analysis of the current landscape needs to start with an understanding of what is meant by Third Party Ownership, or TPO for short.’

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Blackstone Sports Law Bulletin, 6th January 2020

Source: www.sportslawbulletin.org

Is lawfulness of occupation relevant to the residential occupier test? – Practical Law Construction Blog

Posted December 17th, 2019 in construction industry, contracts, jurisdiction, news, planning by tracey

‘We don’t see the section 106 residential occupier exemption appearing in the law reports all that often, possibly because the law surrounding its meaning is fairly well settled, particularly since Coulson J’s 2013 judgment in Westfields Construction Ltd v Lewis. Therefore, I was rather intrigued by the judgment in Howsons Ltd v Redfearn and another. It dates from the summer but is an interesting read because the judge, HHJ Nigel Bird, appears to have extended the section 106 residential occupier test to cover the question of lawfulness of occupation.’

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Practical Law Construction Blog, 17th December 2019

Source: constructionblog.practicallaw.com

CA upholds third party’s oral agreement to pay solicitor’s fees – Litigation Futures

Posted December 16th, 2019 in appeals, contracts, fees, fraud, judicial review, news, solicitors by tracey

‘A solicitor who had an oral agreement with the son-in-law of a client that he would cover the legal fees did not fall foul of the 1677 Statute of Frauds, the Court of Appeal has ruled.’

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Litigation Futures, 16th December 2019

Source: www.litigationfutures.com

The Construction Act and modular construction projects – Practical Law Construction Blog

Posted December 12th, 2019 in construction industry, contracts, news by tracey

‘Since my colleague Eveline Strecker last blogged about modular construction, it has continued to develop in popularity. The more we see of modular, the more it becomes clear that it is a very different beast to “traditional” construction projects, demanding an evolution in procurement routes and contract content.’

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Practical Law Construction Blog, 11th December 2019

Source: constructionblog.practicallaw.com

Does a Limb B) worker qualify as an employee for purposes of TUPE? – Littleton Chambers

Posted December 10th, 2019 in contracts, news, statutory interpretation, transfer of undertakings by sally

‘The Claimants were cycle couriers who provided services to City Sprint in relation to City Sprint’s contract with HCA Healthcare. City Sprint lost this contract to Ecourier.’

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Littleton Chambers, 9th December 2019

Source: www.littletonchambers.com

No oral modification clauses after Rock Advertising: Some property law difficulties – Wilberforce Chambers

Posted December 10th, 2019 in contracts, drafting, estoppel, news by sally

‘“No Oral Modification” clauses (“NOMs”) are regularly found in the boilerplate clauses towards the back of contracts. They are designed, and included, to try to impose some formality on future changes to the contractual arrangement between the parties. But does this work, and, if so, how? The conceptual difficulty with such clauses has been around for centuries.’

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Wilberforce Chambers, 5th December 2019

Source: www.wilberforce.co.uk

Legal aid firm loses JR over contract withdrawal – Legal Futures

Posted December 9th, 2019 in contracts, judicial review, law firms, legal aid, news by sally

‘There is no basis for a law firm’s challenge to a Legal Aid Agency (LAA) decision to reject its tender for a legal aid contract, the High Court has ruled.’

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Legal Futures, 9th December 2019

Source: www.legalfutures.co.uk

Ghosh v Hanover Gate Mansions Ltd [2019] UKUT 290 (LC) – Tanfield Chambers

Posted December 4th, 2019 in agency, consultations, contracts, news, service charges by sally

‘A contract between a landlord and a managing agent was found to have come into existence when the performance of management services commenced and not on the date of the landlord’s payment for the services provided. In the circumstances, the particular contract was a qualifying long term agreement and the statutory consultation requirements under section 20 of the Landlord and Tenant Act 1985 were applicable.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Council submits £130m claims in High Court bid to recover costs under housing estate maintenance PFI – Local Government Lawyer

‘Camden Council has submitted claims to the High Court to recover costs from the contractor PFIC (Partners for Improvement in Camden) and its principal subcontractors, who previously had responsibility for refurbishment and maintenance of the Chalcots Estate, under a private finance initiative agreement.’

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Local Government Lawyer, 29th November 2019

Source: www.localgovernmentlawyer.co.uk

Contract administration and notice provisions: mere procedure or condition precedent – Practical Law: Construction Blog

‘Recent decisions considering time bars and notification provisions have generated considerable commentary and discussion over the last few months. One of these is Boskalis Offshore Marine Contractive BV v Atlantic Marine and Aviation LLP (the “Atlantic Tonjer”) which concerned notification provisions in a payment clause and the timely challenge of disputed invoices before they were due for payment.’

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Practical Law: Construction Blog, 26th November 2019

Source: constructionblog.practicallaw.com

Interpreting property contracts: Some “special” principles – Wilberforce Chambers

Posted November 26th, 2019 in contracts, conveyancing, interpretation, land registration, news by sally

‘When interpreting a property contract the applicable principles are essentially the same as those applied to any other contract. However, it is easy to overlook the fact that there remain some distinct principles of particular relevance or application to property contracts. This short paper identifies two examples.’

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Wilberforce Chambers, 13th November 2019

Source: www.wilberforce.co.uk

Crypto statement a ‘watershed’ for English law – Law Society’s Gazette

‘In its first substantive output since being announced a year ago, the LawTech Delivery Panel last week posted good news for anyone developing, or working with, products based on blockchain encryption technology.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

An appeal is not a form of gratuitous essay-marking exercise – Practical Law: Construction Blog

Posted November 22nd, 2019 in appeals, contracts, judgments, news, sale of land by tracey

‘The recent Court of Appeal judgment in Farrar v Rylatt should serve as a warning to practitioners of the uphill struggle that a party faces when attempting to appeal a trial judge’s findings of fact.’

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Practical Law: Construction Blog, 22nd November 2019

Source: constructionblog.practicallaw.com