Category: contracts

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – 4 New Square

Posted June 26th, 2014 in consumer protection, contracts, news, regulations, solicitors by sally

‘With over a decade of fairly fundamental regulatory challenges brought about by the Access to
Justice Act 1999, s.58 Courts and Legal Services Act 1990 (Conditional Fee legislation) and more
recently LASPO (Jackson and DBAs), not to mention the overhaul of the Solicitors Code of Conduct to
its present guise of the Handbook in October 2011, one would be forgiven for thinking that the
solicitors profession is already sufficiently regulated without yet more intricate legislation. However,
it seems not. It is now necessary for the profession to get to grips with this latest round of
regulation bestowed upon the profession by Brussels.’

Full story (PDF)

4 New Square, 11th June 2014

Source: www.4newsquare.com

High Court ruling shows the importance of a properly drafted dispute resolution clause, says expert – OUT-LAW.com

Posted June 23rd, 2014 in arbitration, contracts, dispute resolution, drafting, interpretation, jurisdiction, news by sally

‘A clause which said that parties to a contract would “endeavour” to resolve any dispute through Swiss arbitration, failing which the English courts would have non-exclusive jurisdiction, was not a valid arbitration agreement within the meaning of the Arbitration Act, the English High Court has ruled.’

Full story

OUT-LAW.com, 20th June 2014

Source: www.out-law.com

New distance selling rules among new UK consumer protection law reforms – OUT-LAW.com

Posted June 16th, 2014 in consent, consumer protection, contracts, EC law, fines, internet, news, time limits by sally

‘Businesses must respect new consumer rights to cancel contracts for services or the supply of digital content over the internet up to a minimum of 14 days after those contracts have been entered into, under new rules which have come into force in the UK.’

Full story

OUT-LAW.com, 13th June 2014

Source: www.out-law.com

No damages for the solicitor whose private information was misused by a prostitute whom he’d short changed – RPC Privacy Law

Posted May 22nd, 2014 in contracts, damages, injunctions, misuse of private information, news, prostitution, solicitors by sally

‘In an unusual privacy claim decided last week, the High Court dismissed the majority of a solicitor’s claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract. The Court found for the Claimant in respect of one element of his privacy head of claim, it declined to award any damages but did grant him an injunction.’

Full story

RPC Privacy Law, 21st May 2014

Source: www.rpc.co.uk

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily

Posted May 6th, 2014 in contracts, domicile, EC law, jurisdiction, law firms, law reports, regulations by sally

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH: [2014] EWHC 1085 (Comm); [2014] WLR (D) 182

‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 11th April 2014

Source: www.iclr.co.uk

Statement from Bar Leaders on Very High Costs Cases – The Bar Council

Posted May 2nd, 2014 in barristers, contracts, costs, fees, press releases by sally

‘The leaders of the Bar, who represent barristers in England and Wales, have published the following joint statement.”

Full press release

The Bar Council, 1st May 2014

Source: www.barcouncil.org.uk

Kásler and another v OTP Jelzálogbank Zrt – WLR Daily

Posted May 1st, 2014 in consumer credit, contracts, EC law, law reports, unfair contract terms by sally

Kásler and another v OTP Jelzálogbank Zrt (Case C‑26/13); [2014] WLR (D) 180

‘The expression the “main subject matter of a contract” in article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts covered a term, incorporated in a loan agreement denominated in foreign currency concluded between a seller or supplier and a consumer and not individually negotiated, pursuant to which the selling rate of exchange of that currency was applied for the purpose of calculating the repayment instalments for the loan, only in so far as it was found, which it was for the national court to ascertain, that that term laid down an essential obligation of that agreement which characterised it. Such a term, in so far as it contained a pecuniary obligation for the consumer to pay, in repayment of instalments of the loan, the difference between the selling rate of exchange and the buying rate of exchange of the foreign currency, could not be considered as “remuneration” the adequacy of which as consideration for a service supplied by the lender could not be the subject of an examination as regards unfairness under article 4(2) of Directive 93/13.’

WLR Daily, 30th April 2014

Source: www.iclr.co.uk

Greenclose Ltd v National Westminster Bank plc – WLR Daily

Posted April 17th, 2014 in banking, contracts, electronic mail, financial regulation, law reports, notification by sally

Greenclose Ltd v National Westminster Bank plc: [2014] EWHC 1156 (Ch);   [2014] WLR (D)  173

‘The terms of section 12(a) of the International Swaps and Derivatives Association (“ISDA”) Master Agreement (Multi Currency-Cross Border Form) (1992 ed) were mandatory and any notice purportedly served pursuant to those provisions had to have been given by the means therein prescribed, and by reference to and in accordance with the contact information provided in part 4 of the schedule to the agreement, subject to any amendment properly notified pursuant to section 12(b). If the schedule did not provide certain information necessary for service by a prescribed method, the contract was to be construed as limiting the prescribed methods to those expressly permitted by the schedule unless and until the missing information was notified under section 12(b) or the contract was formally amended.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

War Horse musicians lose court bid for reinstatement – The Guardian

Posted April 16th, 2014 in contracts, employment, news, theatre by sally

‘Five musicians who performed as a live band for four years in the West End production of the National Theatre’s hugely successful War Horse, but were then replaced by a recorded soundtrack, have lost their bid to be reinstated. But Mr Justice Cranston told Neyire Ashworth, Andrew Callard, Jonathan Eddie, David Holt and Colin Rae that their prospects at trial for a breach of contract by the National Theatre were “strong”.’

Full story

The Guardian, 15th April 2014

Source: www.guardian.co.uk

Supreme Court hands down judgment in Durkin v DSG Retail Limited and another – Henderson Chambers

Posted April 8th, 2014 in appeals, consumer credit, consumer protection, contracts, damages, news, rescission, Supreme Court by sally

‘On 26 March 2014 the Supreme Court handed down its decision in Durkin v DSG Retail Limited and another. The judgment in this long-running case addresses the issue of a consumer’s right, in the context of a debtor-creditor-supplier agreement, to rescind the credit agreement on lawful rescission of the sale agreement.’

Full story

Henderson Chambers, 28th March 2014

Source: www.hendersonchambers.co.uk

Amending a statement of case after limitation period has ended – Hardwicke Chambers

Posted April 8th, 2014 in amendments, appeals, case management, claims management, contracts, limitations, news by sally

‘In Chandra & ors v Brooke North [2013] EWCA Civ 1559 the Court of Appeal gives practitioners and courts useful guidance about the correct approach to applications to amend introducing new claims outside limitation periods. The history of the case is a demonstration of the procedural knots and costly consequences for the parties that can be created when the lower courts go further than they should.’

Full story

Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Expert determination: Hidden pitfalls – Hardwicke Chambers

Posted April 8th, 2014 in construction industry, contracts, dispute resolution, expert witnesses, news, planning by sally

‘Expert determination is a process in which parties to a contract jointly instruct a third party to decide an issue between them. Its advantages are self-evident: quick, cheap, informal and contract-based, it has obvious attractions and can be found in many commercial contracts.’

Full story

Hardwicke Chambers, 3rd April 2014

Source: www.hardwicke.co.uk

Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland) – Supreme Court

Posted April 2nd, 2014 in appeals, consumer credit, consumer protection, contracts, damages, interest, law reports, Supreme Court by sally

Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland) [2014] UKSC 21 (YouTube)

Supreme Court, 26th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily

Posted March 26th, 2014 in appeals, contracts, costs, damages, fees, law reports, litigation friends, mental health, solicitors by sally

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB); [2014] WLR (D) 141

‘The termination of a solicitor’s actual authority by reason of a client’s supervening mental incapacity did not, it itself, automatically frustrate the underlying contract of retainer.’

WLR Daily, 5th February 2014

Source: www.iclr.co.uk

You can’t treat a database like a car in the garage – Your Response v Datateam – Technology Law Update

Posted March 21st, 2014 in contracts, conversion, database right, news by sally

‘A publisher engaged a database manager to maintain a database of subscribers. There was no a formal contract and no provisions for termination were agreed. The relationship ended badly and the publisher gave a month’s notice. The database manager refused to release the database until outstanding fees and damages were paid – raising an old-style legal concept that was useful in the days before modern contracts.’

Full story

Technology Law Update, 20th March 2014

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

Brogsitter v Fabrication de Montres Normandes EURL and another – WLR Daily

Posted March 17th, 2014 in conflict of laws, contracts, EC law, law reports, regulations by sally

Brogsitter v Fabrication de Montres Normandes EURL and another: Case C-548/12;   [2014] WLR (D)  130

‘Civil liability claims, such as those at issue in the instant case, which were made in tort under national law, had to none the less be considered as concerning “matters relating to a contract” within the meaning of article 5(1)(a) of Council Regulation (EC) No 44/2001, where the conduct complained of could be considered a breach of the terms of the contract, which could be established by taking into account the purpose of the contract.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

Watchdog seeks greater clarity over public sector suppliers’ FOI responsibilities – OUT-LAW.com

Posted March 7th, 2014 in contracting out, contracts, freedom of information, news, public procurement by sally

‘The contracts agreed between public sector bodies and their suppliers should be “more explicit” about which one of the organisations holds information for the purposes of compliance with freedom of information (FOI) rules, the UK’s Information Commissioner’s Office (ICO) has said.’

Full story

OUT-LAW.com, 6th March 2014

Source: www.out-law.com

Anthony White Estates Ltd v National Grid Electricity Transmission plc – WLR Daily

Posted March 5th, 2014 in appeals, compensation, contracts, energy, law reports, news, sale of land, valuation by sally

Anthony White Estates Ltd v National Grid Electricity Transmission plc [2014] EWCA Civ 216; [2014] WLR (D) 108

‘Fair compensation payable to a landowner in respect of the grant of statutory wayleave for an electricity power line, pursuant to paragraphs 6 and 7 of Schedule 4 to the Electricity Act 1989, was to be calculated by reference to the loss in value of the land and the principle of equivalence. Where a landowner had entered into a contract for the sale of land, which was conditional on the termination of an existing contractual wayleave for a power line and the removal of the line, and the Secretary of State had granted a statutory wayleave on the termination of the contractual one, the compensation to which the landowner was entitled was the difference between the contract price for the land in question at the valuation date and the open market value of the land once the statutory wayleave had been granted.’

WLR Daily, 3rd March 2014

Source: www.iclr.co.uk

Loss of capacity does not automatically terminate solicitor’s retainer – UK Human Rights Blog

Posted February 19th, 2014 in appeals, contracts, costs, interpretation, legal aid, legal representation, mental health, news, solicitors by sally

‘Upholding the rights of individuals who lack the mental capacity to conduct proceedings can be a minefield for the unwary or even, as shown by this case, the wary. The point at issue before the court was whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer.’

Full story

UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com

Do contractual principles apply to section 35(d) of the Partnership Act 1890? The CoA sets the record straight – 11 Stone Buildings

Posted February 14th, 2014 in contracts, law firms, news, partnerships by sally

‘The Court of Appeal’s judgment in Bishop v Golstein [2014] EWCA Civ 10, handed down on 5th February 2014, and the first instance decision of Christopher Nugee QC (now Nugee J) (reported at [2014] Ch 131) both contain useful guidance for partnership lawyers advising clients in connection with dissolution and remedies where the partnership relationship has irretrievably broken down. Whether a partnership can be dissolved by acceptance of arepudiatory breach is probably one of the most contentious issues in modern partnership law. The first instance decision is now the leading authority on this issue in two partners firms, whilst the Court of Appeal’s decision sets out some pointers. Amanda Eilledge explains.’

Full story

11 Stone Buildings, February 2014

Source: www.11sb.com