‘A High Court judge has ordered that a local authority’s bid to recoup £1.3m from a solar energy installation company be determined by adjudication, rather than by litigation as desired by the council.’
Local Government Lawyer, 13th October 2014
Source: www.localgovernmentlawyer.co.uk
‘This case is an interesting example of a claim for breach of confidence (both in contract and in equity) where, although liability was established, only nominal damages (£1) were awarded to the Claimant.’
RPC Privacy Law, 7th October 2014
Source: www.rpc.co.uk
‘A consultation on reports undertaken by Otterburn Legal Consulting and KPMG in relation to the proposed duty work contracts for criminal legal aid services.’
Ministry of Justice, 24th September
Source: https://www.gov.uk/government/organisations/ministry-of-justice
‘This week, the Conservative Party will unveil its plans for human rights reform in the UK. In other news, Chris Grayling’s decision to drastically reduce the number of legal aid contacts granted is successfully challenged, while a prosecution for assisted suicide keeps the assisted dying debate alive.’
UK Human Rights Blog, 28th September 2014
Source: www.ukhumanrightsblog.com
‘Most construction professionals will be familiar with net contribution clauses (NCCs) in consultants’ appointments and collateral warranties but their use should not necessarily be limited to the construction sector. They may be useful in any project where professionals from a multiplicity of disciplines are retained.’
Hardwicke Chambers, 19th September 2014
Source: www.hardwicke.co.uk
‘A claim brought under regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 for compensation on determination of an agency agreement was not in respect of a contract or a breach of contract. Accordingly, the jurisdictional gateways for service out of the jurisdiction in paragraph 3.1(6) and (7) of Practice Direction 6B supplementing CPR Pt 6 did not apply.’
WLR Daily, 29th August 2014
Source: www.iclr.co.uk
Swift (trading as A Swift Move) v Robertson: [2014] UKSC 50; [2014] WLR (D) 396
‘A failure by a trader to give written notice of the right to cancel a contract for the supply of goods or services made during a visit to a consumer’s home did not deprive the consumer of his right to cancel the contract pursuant to regulation 7(1) of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008.’
WLR Daily, 9th September 2014
Source: www.iclr.co.uk
‘Mandatory rules governing the relationship between commercial agents and their principals in respect of the agent’s UK activities cannot override a valid jurisdiction and choice of law clause, the High Court has ruled.’
OUT-LAW.com, 10th September 2014
Source: www.out-law.com
‘For most parties that enter into litigation (save for those on CFAs and some who are legally aided) a win isn’t really a win unless the other side is also ordered to pay your costs. I say most, because certain litigants enter into litigation knowing that come what May their costs will be paid on the indemnity basis. They have the foresight (or more accurately the power) to draft contracts which provide that, in the event of litigation, the other side (often a borrower or a long leaseholder) will indemnify them for all their legal costs irrespective of whether they win or lose.’
NearlyLegal, 31st August 2014
Source: www.nearlylegal.co.uk
‘The taxpayer has been left to foot a £220m bill after a tribunal ruled that a government contract awarded to a US defence firm to deliver the e-borders programme was unlawfully terminated.’
The Guardian, 19th August 2014
Source: www.guardian.co.uk
‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’
WLR Daily, 7th August 2014
Source: www.iclr.co.uk
Tidal Energy Ltd v Bank of Scotland plc [2014] EWCA Civ 1107; [2014] WLR (D) 369
‘Rapid electronic payment between accounts using the CHAPS transfer system was made by reference to the sort code, bank name and account number, not the customer name, in order to process the payment within the maximum time of 1.5 hours. The CHAPS transfer form was to be construed in accordance with that banking practice to give it commercial sense and accordingly a bank was not liable to a customer for a payment made into an account at a different bank by reference to the sort code and account number on the transfer form completed by the customer, but with a different customer name from that on the form.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
‘The Empire Strikes Back? Triumph of the Literal Interpretation of Restrictive Covenant Prophet Plc V Christopher Huggett [2014] Ewca Civ 1013 (22 July 2014)’
Littleton Chambers, 23rd July 2014
Source: www.littletonchambers.com
‘A leading firm has avoided paying out significant damages despite admitting negligence when it gave advice on the purchase of a £3.6m yacht.’
Law Society’s Gazette, 5th August 2014
Source: www.lawgazette.co.uk
Patel v Mirza [2014] EWCA Civ 1047 ; [2014] WLR (D) 337
‘The claimant who had paid money to the defendant under an agreement to carry out an illegal scheme was not prevented from recovering the money by considerations of public policy if the scheme had not been implemented even if the claimant pleaded and relied on the illegality to recover the money.’
WLR Daily, 29th July 2014
Source: www.iclr.co.uk
‘Report from the Law Commissions of England and Wales and of Scotland making recommendations for reform to modernise business insurance law. The majority of these recommendations are included in the Government’s Insurance Bill.’
Law Commission, 17th July 2014
Source: www.justice.gov.uk/lawcommission
‘Breyer Group plc and others v Department of Energy and Climate Change [2014] EWHC 2257 (QB). This is an important judgment on governmental liability for a rather shabby retrospective change of the rules about subsidies for photovoltaic schemes.’
UK Human Rights Blog, 13th July 2014
Source: www.ukhumanrightsblog.com
‘A contractor (the respondent) to which building work had been subcontracted which it had in turn subcontracted to another contractor (the appellant) which undertook to indemnify the respondent against liability for the appellant’s negligence was not prevented by its own negligence from enforcing the indemnity clause.’
WLR Daily, 11th July 2014
Source: www.iclr.co.uk
© Inner Temple Library 2024