“T v Hall Schools of Wimbledon LLP [2013] EWHC 2728 (QB) concerned a breach of contract claim against an independent school, but various observations about what amounts to unacceptable behaviour by parents are likely to be of general interest and may well be applicable more widely.”
Education Law Blog, 4th October 2013
Source: www.education11kbw.com
“James Segan discusses the difficult issue of how sponsors can recover endorsement payments when the sponsored athlete confesses to inappropriate or unlawful behaviour.”
Sports Law Bulletin from Blackstone Chambers, 19th September 2013
Source: www.sportslawbulletin.org
“Three leading health and fitness operators have been forced to improve their contracts for customers after an investigation by the Office of Fair Trading (OFT).”
Daily Telegraph, 10th September 2013
Source: www.telegraph.co.uk
“A term was not to be implied into a mezzanine lending agreement that a bank, which had acted as agent for two special purpose vehicles (‘SPVs’) when they participated as junior lenders in such structured lending to a property company which subsequently collapsed, was obliged to disclose to the SPVs material financial information in its possession as to the declining health of the company.”
WLR Daily, 3rd September 2013
Source: www.iclr.co.uk
Elwood v Goodman and others: [2013] EWCA Civ 1103; [2013] WLR (D) 342
“The burden in equity of a positive covenant did not require to be registered in order to bind successors in title of the original covenantor.”
WLR Daily, 4th September 2013
Source: www.iclr.co.uk
“Will he stay or will he go? It appears that the future of Luis Suarez at Liverpool hinges on the operation of a release clause in his contract. According to various media sources, it provides that: if, subsequent to a failure to qualify for the Champions League, Liverpool receive a bid to buy Suarez in excess of £40m then the decision as to whether or not to accept the offer must be made in ‘good faith’.”
Littleton Chambers, 22nd August 2013
Source: www.littletonchambers.com
“For the purposes of the client money rules and the client money distribution rules contained in the Client Assets Sourcebook, CASS 7 and 7A a client’s contractual claim and the amount for which it might prove in respect of such claim fell to be reduced by the amount of any actual or anticipated distribution from the client money pool. The client could not prove for both a claim resulting from a shortfall in the client money trust and the balance of its contractual claim where the shortfall claim did not exceed the contractual claim. However, the rule against double proof did not prevent a claim by a client in respect of a shortfall in payment of its client money entitlement to the extent that it exceeded its contractual claim or in a case where the client had no contractual claim.”
WLR Daily, 16th August 2013
Source: www.iclr.co.uk
“In the past it seems that the best way for a player to persuade a club to sell him was to sulk, feign injury or stir up the media (on the BBC Sport website Robbie Savage has listed a few more tactics he had used, or seen others use). More recently we have seen the advent of clauses in player contracts which are triggered by offers in excess of a particular sum. These give rise to a number of interesting issues.”
Littleton Chambers, 15th August 2013
Source: www.littletonchambers.com
“A software licensing arrangement transferred as a result of a voluntary liquidation continued to apply for six months beyond the end of the initial contract period but an additional longer extension to that contract could not be implied, the High Court has ruled.”
OUT-LAW.com, 20th August 2013
Source: www.out-law.com
“The grounds for impeaching an adjudication decision are extremely limited. However, Mr Justice Akenhead recently held that ABB Ltd. v BAM Nuttall Ltd [2013] EWHC 1983 (TCC), as one of those relatively rare cases in which reliance by the adjudicator on a clause of the subcontract between the parties – which neither party argued (let alone mentioned to the adjudicator) and which he did not refer to the parties before issuing his decision – was a material breach of the rules of natural justice.”
4 New Square, 30th July 2013
Source: www.4newsquare.com
“On 9 July I looked at a Court of Appeal decision which showed that it remained arguable that a change in the arrangements between a creditor and the principal debtor might so alter the subject matter of what was guaranteed as to discharge the guarantor. This week comes a timely reminder that the first and fundamental step is to construe the contract to see what obligations are covered by the guarantee.”
Littleton Chambers, 19th July 2013
Source: www.littletonchambers.com
“The balance of public interest was ‘very strongly’ in favour of maintaining the confidentiality of documents in order to “protect the course of justice” both in Jackson v Info Commissioner, EA 2012/0263, FTT Decision on 19 July 2013, and in ‘many other such disputes’ said Judge Hughes. The value of the disclosure of the material was limited. The adverse impact of disclosure on dispute resolution was substantial. Judge Hughes concluded: ‘If there were to be change in the arrangements underpinning construction dispute resolution then this should be explored through a careful process of public debate and consultation leading to an amendment of the statutory framework.'”
Panopticon, 26th July 2013
Source: www.panopticonblog.com
Urban I (Blonk Street) Ltd v Ayres and another: [2013] EWCA Civ 816; [2013] WLR (D) 271
“Where, in the case of a time provision which was an innominate term, a completion notice had not been served on the contract-breaker, the other party only became entitled to terminate the contract thereafter if and when the delay was such as to go to the root of the contract, that was to say it deprived the other party of substantially the whole benefit which it was intended it should have under the contract.”
WLR Daily, 5th July 2013
Source: www.iclr.co.uk
“Well–drawn guarantees contain comprehensive ‘anti-discharge’ provisions, designed to prevent a guarantor being discharged from liability by any post-guarantee amendments to the principal transaction or extensions of time to pay or other indulgence given to the principal debtor without the guarantor’s knowledge or consent. This right to be discharged is generally known as the rule in Holme v Brunskill (1878) 3 QBD 495) after the leading case that set out the mature principle. Banks and others have continuously refined these ‘anti-discharge’ provisions to try to make sure that the rule in Holme v Brunskill is stripped of its effect.”
Littleton Chambers, 9th July 2013
Source: www.littletonchambers.com
“Customers taking on the services of claims management companies (CMCs) will be better protected as tough new rules come into effect.”
Ministry of Justice, 8th July 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“The judgment develops the growing body of case law surrounding planning consultants and both the substantive and costs judgments will be of interest to construction and costs practitioners alike. The case also raises interesting issues concerning exclusion clauses (including UCTA), limitation of liability, estoppel, waiver, extensions of time and the correct measure of loss.”
Full story (PDF)
4 New Square, 1st July 2013
Source: www.4newsquare.com
Grey v Swansea City and County Council [2013] WLR (D) 260
“A public service vehicle could be ‘used on a road for carrying passengers for hire or reward’, within the terms of the Public Passenger Vehicles Act 1981, even if it were not actually in motion on the road, and so failure to display the operator’s disc, which section 18 of the Act required to be fixed to and exhibited on the vehicle, on such a stationary vehicle could constitute a breach of statutory duty.”
WLR Daily, 27th June 2013
Source: www.iclr.co.uk
Derek Hodd Ltd v Climate Change Capital Ltd [2013] EWHC 1665 (Ch); [2013] WLR (D) 238
“Where there had been a misnomer of a party to an agreement the court was able to take into account the same evidence of the background as would be admissible for the purpose of interpreting the contract, including any relevant course of dealing between the parties.”
WLR Daily, 14th June 2013
Source: www.iclr.co.uk
“The NHS is in the middle of the transition from a publicly funded and publicly provided health service towards a publicly funded but increasingly privately provided service. It is thus following the course adopted in social care, with the closure of local authority owned care homes and the contracting out of service provision to commercial, charity, and other voluntary sector providers.”
No. 5 Chambers, 17th June 2013
Source: www.no5chambers.com
“A contract whereby (without establishing co-operation between the contracting public entities with a view to carrying out a public service task that both of them had to perform)—one public entity had assigned to another the task of cleaning certain public buildings, while reserving a supervisory power, in return for payment for the costs incurred, the second entity being authorised to use the services of third parties which might be capable of competing on the market for the accomplishment of that task—constituted a public service contract within the meaning of article 1(2)(d) of Parliament and Council Directive 2004/18/EC.”
WLR Daily, 13th June 2013
Source: www.iclr.co.uk
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