Category: contracts

Swift (trading as A Swift Move) v Robertson – WLR Daily

Posted September 18th, 2014 in appeals, consumer protection, contracts, law reports, Supreme Court by sally

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

High Court: Commercial Agents Regulations could not override contractual choice of law – OUT-LAW.com

Posted September 10th, 2014 in agency, civil procedure rules, claims management, commercial agents, contracts, EC law, news by sally

‘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.’

Full story

OUT-LAW.com, 10th September 2014

Source: www.out-law.com

You’ve got absoutely nothing out of this – NearlyLegal

Posted September 1st, 2014 in abuse of process, banking, contracts, costs, housing, indemnities, mortgages, news, repossession by sally

‘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.’

Full story

NearlyLegal, 31st August 2014

Source: www.nearlylegal.co.uk

Parents who lose objectivity – Education Law Blog

Posted September 1st, 2014 in anonymity, bullying, contracts, damages, fees, media, news, public interest, racism, school children by sally

‘It is not often that private law disputes between schools and parents are pursued to trial and judgment in the High Court, but St Christopher School (Letchworth) Ltd v Schymanski and Rao [2014] EWHC 2573 (QB) is one of those cases.’

Full story

Education Law Blog, 28th August 2014

Source: www.education11kbw.com

UK taxpayer faces £220m bill over e-borders contract termination – The Guardian

Posted August 19th, 2014 in contracts, damages, government departments, news, tribunals by sally

‘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.’

Full story

The Guardian, 19th August 2014

Source: www.guardian.co.uk

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) – WLR Daily

Posted August 12th, 2014 in appeals, contracts, insurance, law reports, ships, warranties by sally

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) [2014] EWCA Civ 1135; [2014] WLR (D) 373

‘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 – WLR Daily

Posted August 11th, 2014 in appeals, banking, contracts, law reports, mistaken identity by sally

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

Selwyn Bloch QC & Charlene Hawkins Comment on Court of Appeal Decision Prophet PLC V Huggett – Littleton Chambers

Posted August 7th, 2014 in contracts, employment, news, restrictive covenants by sally

‘The Empire Strikes Back? Triumph of the Literal Interpretation of Restrictive Covenant Prophet Plc V Christopher Huggett [2014] Ewca Civ 1013 (22 July 2014)’

Full story

Littleton Chambers, 23rd July 2014

Source: www.littletonchambers.com

Nominal damages for ‘negligent’ yacht advice – Law Society’s Gazette

Posted August 6th, 2014 in contracts, damages, guarantees, law firms, negligence, news, sale of goods by sally

‘A leading firm has avoided paying out significant damages despite admitting negligence when it gave advice on the purchase of a £3.6m yacht.’

Full story

Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

Patel v Mirza – WLR Daily

Posted July 30th, 2014 in appeals, banking, contracts, enforcement, illegality, insider dealing, law reports, news by sally

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

Insurance Contract Law – Law Commission

Posted July 18th, 2014 in contracts, insurance, press releases by sally

‘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.’

Full press release

Law Commission, 17th July 2014

Source: www.justice.gov.uk/lawcommission

Successful A1P1 claims by photovoltaics – Human Rights Blog

Posted July 15th, 2014 in contracts, energy, human rights, news by sally

‘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.’

Full story

UK Human Rights Blog, 13th July 2014

Source: www.ukhumanrightsblog.com

Greenwich Millennium Village Ltd v Essex Services Group plc and others – WLR Daily

Posted July 15th, 2014 in appeals, construction industry, contracting out, contracts, indemnities, law reports, negligence by sally

Greenwich Millennium Village Ltd v Essex Services Group plc and others: [2014] EWCA Civ 960; [2014] WLR (D) 309

‘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

Supreme Court: BT entitled to introduce new charging regime for connecting ’08’ calls from mobile networks – OUT-LAW.com

Posted July 14th, 2014 in appeals, competition, contracts, dispute resolution, EC law, news, Supreme Court, telecommunications, tribunals by sally

‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ‘0800’, ‘0845’ and ‘0870’ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 11th July 2014

Source: www.out-law.com

Dogma in telecoms, cream for the CAT: 08- numbers in the Supreme Court – Competition Bulletin from Blackstone Chambers

Posted July 11th, 2014 in competition, contracts, EC law, news, Supreme Court, telecommunications by sally

‘The Supreme Court yesterday handed down judgment in British Telecommunications plc v Telefónica O2 UK Ltd & Ors [2014] UKSC 42. Reversing the decision of the Court of Appeal (blogged on here by Emily Neill), Lord Sumption for a unanimous Supreme Court held that there had been no basis for Ofcom to disallow BT’s introduction of “ladder pricing” in wholesale termination charges for certain non-geographic telephone numbers (specifically 080, 0845 and 0870, whence the litigation’s popular name among telecoms lawyers: “08- numbers”).’

Full story

Competition Bulletin from Blackstone Chambers, 10th July 2014

Source: www.competitionbulletin.com

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) – Supreme Court

Posted July 9th, 2014 in competition, contracts, EC law, law reports, telecommunications by sally

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) [2014] UKSC 42 (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 9th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, law reports, news by sally

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

District council loses High Court bid to stop DCLG claw back of EU funds – Local Government Lawyer

Posted July 8th, 2014 in advertising, contracts, government departments, local government, news by sally

‘A district council has lost a judicial review challenge over the Communities Secretary’s decision to claw back almost £160,000 in payments made from the European Regional Development Fund.’

Full story

Local Government Lawyer, 7th July 2014

Source: www.localgovernmentlawyer.co.uk

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 8th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, law reports, tribunals by sally

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd: [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

Fibria Celulose S/A v Pan Ocean Co Ltd and another – WLR Daily

Posted July 4th, 2014 in agency, assignment, contracts, foreign jurisdictions, insolvency, law reports by sally

Fibria Celulose S/A v Pan Ocean Co Ltd and another: Kim v Fibria Celulose S/A: [2014] EWHC 2124 (Ch); [2014] WLR (D) 288

‘The relief available under article 21(1) of the UNCITRAL Model Law on Cross-Border Insolvency, as scheduled to the Cross-Border Insolvency Regulations 2006 (SI 2006/1030), upon recognition by the English court of a foreign insolvency proceeding was limited to such relief as it would be open to the court to grant in domestic insolvency proceedings.’

WLR Daily, 30th June 2014

Source: www.iclr.co.uk