Category: contracts

Entire Agreement Clauses & Requirements for Variations/Waivers in Writing: Energy Venture Partners Ltd v Malabu Oil and Gas Ltd – Henderson Chambers

Posted February 14th, 2014 in agreements, contracts, news by sally

‘One encounters the following situation fairly routinely in practice. On Monday the parties sign a carefully drafted and negotiated contract intended to govern all aspects of their relationship. Detailed mechanisms purport to cater for all eventualities. By Friday, the parties have slipped into a mode of performance which, in material respects, differs radically from the provisions of the contract.’

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Henderson Chambers, 10th February 2014

Source: www.hendersonchambers.co.uk

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) – Supreme Court

Posted February 12th, 2014 in appeals, contracts, duty of care, hunting, landlord & tenant, law reports, leases, limited liability partnerships, misrepresentation, negligence, Supreme Court by sally

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) [2014] UKSC 9 (YouTube)

Supreme Court, 12th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Mental capacity ruling over retainer – Law Society’s Gazette

Posted February 10th, 2014 in appeals, contracts, costs, Court of Protection, fees, medical treatment, negligence, news, solicitors by sally

‘The High Court has ruled that the loss of a client’s mental capacity should not automatically terminate the solicitor’s retainer.’

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Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

Loss of capacity does not terminate solicitor’s retainer, High Court rules – Litigation Futures

Posted February 7th, 2014 in contracts, fees, news, solicitors by sally

‘A client’s loss of mental capacity in the course of proceedings does not automatically terminate their solicitor’s retainer, the High Court ruled yesterday.’

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Litigation Futures, 6th February 2014

Source: www.litigationfutures.com

Iran sues MoD firm over the Shah’s tanks – The Independent

Posted February 3rd, 2014 in armed forces, contracts, EC law, government departments, Iran, news, sale of goods, sanctions by sally

‘The Iranian government is taking a Ministry of Defence-owned company to the High Court to end a £400m row over British-made Chieftain tanks that has dragged on for 35 years.’

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The Independent, 2nd February 2014

Source: www.independent.co.uk

16-year laptop credit agreement fight reaches supreme court – The Guardian

Posted January 29th, 2014 in consumer credit, consumer protection, contracts, news, sale of goods, Supreme Court by sally

‘A man embroiled in a mammoth 16-year legal battle over a laptop found himself in the “absurd and horrid” position of having to keep paying for an item he had already returned to the shop, the supreme court has been told.’

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The Guardian, 28th January 2014

Source: www.guardian.co.uk

Swimming against the tide of good faith – Hardwicke Chambers

Posted January 22nd, 2014 in contracts, news by sally

‘It is largely accepted that English contract law does not acknowledge a general duty to perform in good faith. In support of this proposition most commentators refer to Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] QB 433, CA, in which Bingham LJ (as he then was) spoke of the lack of any overriding legal principle of good faith, in the following terms:

“In many civil law systems, and perhaps in most legal systems outside the common law world, the law of obligations recognises and enforces an overriding principle that in making and carrying out contracts parties should act in good faith. This does not simply mean that they should not deceive each other, a principle which any legal system must recognise; its effect is perhaps most aptly conveyed by such metaphorical colloquialisms as “playing fair,” “coming clean” or “putting one’s cards face upwards on the table.” It is in essence a principle of fair and open dealing… English law has, characteristically, committed itself to no such overriding principle but has developed piecemeal solutions in response to demonstrated problems of unfairness.”’

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Hardwicke Chambers, 14th January 2014

Source: www.hardwicke.co.uk

How long do I have? – Hardwicke Chambers

Posted January 22nd, 2014 in appeals, arbitration, contracts, limitations, news, restitution by sally

‘Until recently it was unclear how long a party who lost in an adjudication, and had to pay money to the winning party, had to bring a subsequent claim for recovery of those monies. The position has recently been resolved by the Court of Appeal in the case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 but the discussion had started earlier with the case of Jim Ennis Construction Ltd v Premier Asphalt Ltd [2009] EWHC 1906 (TCC).’

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Hardwicke Chambers, 15th January 2014

Source: www.hardwicke.co.uk

Force India and Damages for Misuse of Confidential information – Sports Law Bulletin from Blackstone Chambers

Posted January 21st, 2014 in confidentiality, contracts, damages, news, sport by sally

‘In the world of Formula 1 (“F1”), millions of pounds can be won or lost over the matter of a few seconds. Mega-rich companies compete to create faster cars, carefully guarding any information that might shave a few moments off a model’s time. The aerodynamism of a F1 model is crucial to this time performance, and it transpires, also useful for generating questions on the misuse of confidential information.’

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Sports Law Bulletin from Blackstone Chambers, 21st January 2014

Source: www.sportslawbulletin.org

Prime Sight Ltd v Lavarello – WLR Daily

Posted January 10th, 2014 in contracts, estoppel, law reports, trustees in bankruptcy, winding up by sally

Prime Sight Ltd v Lavarello [2013] UKPC 22; [2013] WLR (D) 514

‘When a deed contained a valid contract of sale the parties were entitled on ordinary contractual principles to rely on the terms of the deed by which the purchase price was treated between the parties as having been paid, even though no payment had in fact been made. In those circumstances the seller’s trustee in bankruptcy was estopped by the terms of the deed from asserting that the purchase price had not been paid.’

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

16-year legal battle over laptop reaches UK supreme court – The Guardian

Posted January 10th, 2014 in banking, consumer credit, contracts, news, sale of goods, Supreme Court by sally

‘All Richard Durkin wanted was a laptop with an inbuilt modem. But what he ended up with was an epic 16-year legal tussle, a £250,000 bill for legal fees and, now, a date at the supreme court. The 44-year-old married father of two has been engaged in a David-and-Goliath battle against the bank that he says “annihilated” his credit rating after he walked into his local PC World to buy a £1,500 laptop in 1998.’

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The Guardian, 9th January 2014

Source: www.guardian.co.uk

Corman-Collins SA v La Maison du Whisky SA – WLR Daily

Posted January 9th, 2014 in conflict of laws, contracts, EC law, jurisdiction, law reports, regulations by sally

Corman-Collins SA v La Maison du Whisky SA (Case C-9/12); [2013] WLR (D) 513

‘The rule of jurisdiction laid down in the second indent of article 5(1)(b) of Council Regulation (EC) No 44/2001 for disputes relating to contracts for the supply of services was applicable in the case of a legal action by which a claimant established in one member state claimed, against a defendant established in another member state, rights arising from an exclusive distribution agreement, which required the contract binding the parties to contain specific terms concerning the distribution by the distributor of goods sold by the grantor. It was for the national court to ascertain whether that was the case in the before it.’

WLR Daily, 19th December 2013

Source: www.iclr.co.uk

Court of Appeal decision on limitation periods could have adverse consequences for contracting parties, says expert – OUT-LAW.com

Posted December 13th, 2013 in appeals, construction industry, contracts, limitations, news, time limits by sally

‘A recent court decision which changed the point at which the six years within which a contractor must begin litigation in the courts starts to run could lead to uncertainty for the successful party to an earlier adjudication, an expert has said.’

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OUT-LAW.com, 12th December 2013

Source: www.out-law.com

Nordecon AS and another v Rahandusministeerium – WLR Daily

Posted December 9th, 2013 in appeals, contracts, EC law, law reports, news, public procurement, tenders by sally

Nordecon AS and another v Rahandusministeerium (Case C-561/12); [2013] WLR (D) 470

‘Article 30(2) of Parliament and Council Directive 2004/18/EC did not allow a contracting authority to negotiate with tenderers tenders that did not comply with the mandatory requirements laid down in the technical specifications of the contract as published.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd – WLR Daily

Posted December 2nd, 2013 in construction industry, contracts, damages, dispute resolution, law reports, limitations, repayment by sally

Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd [2013] EWCA Civ 1541; [2013] WLR (D) 463

‘On a true construction of an implied term in a construction contract a party was entitled, following an adjudication in which it had been the loser, but where it maintained that it had made an over-payment, to bring proceedings for repayment; and the applicable limitation period ran from the date of the over-payment.’

WLR Daily, 29th November 2013

Source: www.iclr.co.uk

Newcastle International Airport Ltd v Eversheds LLP – WLR Daily

Posted December 2nd, 2013 in contracts, drafting, duty of care, law reports, negligence, solicitors by sally

Newcastle International Airport Ltd v Eversheds LLP [2013] EWCA Civ 1514; [2013] WLR (D) 462

‘Where solicitors were retained by a company to draft new contracts between the company and its executive directors the solicitors breached their duty of care to the company by simply carrying out instructions given by the directors on behalf of the company.’

WLR Daily, 28th November 2013

Source: www.iclr.co.uk

Update for the profession: Criminal Very High Cost Cases (VHCCs) Contracts – The Bar Council

Posted November 27th, 2013 in barristers, codes of practice, contracts, costs, press releases by sally

‘Update for the profession: Criminal Very High Cost Cases (VHCCs) Contracts.’

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The Bar Council, 26th November 2013

Source: www.barcouncil.org.uk

Role of Equity in Mistaken Transactions – Speech by the Chancellor of the High Court

Posted November 25th, 2013 in causation, contracts, equity, mistake, rectification, restitution, speeches, trusts by sally

‘Role of Equity in Mistaken Transactions – Speech by the Chancellor of the High Court. ACTAPS lecture 2013, delivered 20th November 2013.’

Full speech

Judiciary of England and Wales, 21st November 2013

Source: www.judiciary.gov.uk

Maletic and another v lastminute.com and another – WLR Daily

Posted November 21st, 2013 in conflict of laws, consumer protection, contracts, EC law, jurisdiction, law reports, regulations by sally

Maletic and another v lastminute.com and another (Case C-478/12); [2013] WLR (D) 444

“The concept of ‘other party to the contract’ laid down in article 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1)also covered the contracting partner of the operator with which the consumer concluded that contract and which had its registered office in the member state in which the consumer was domiciled.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Philip Murray: Natural Justice at the Boundaries of Public Law – UK Constitutional Law Group

Posted November 21st, 2013 in civil justice, constitutional law, contracts, news by sally

“The intention of this post is a simple one: to assess the ways in which natural justice arguments have historically been raised in private law proceedings. By ‘natural justice’ I mean those common law principles requiring a fair procedure and an unbiased tribunal when powers are exercised. Ordinarily, of course, natural justice arguments arise in judicial review proceedings against public bodies in the Administrative Court or Upper Tribunal, usually when those bodies are exercising a statutory power. But to what extent can it be argued that a private body, in its private relations with private individuals, has acted unlawfully by making decisions in a procedurally unfair manner?”

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UK Constitutional Law Group, 21st November 2013

Source: www.ukconstitutionallaw.org