Category: contracts

UPC Nederland BV v Gemeente Hilversum (Case C-518/11) – WLR Daily

Posted November 11th, 2013 in contracts, EC law, electronic commerce, law reports, media, transfer of undertakings by michael

UPC Nederland BV v Gemeente Hilversum (Case C-518/11);  [2013] WLR (D)  428

“Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33, ‘the Framework Directive’), Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (OJ 1998 L 24, p. 1), Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7), Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p. 21), and Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51)”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

Rent recovery after exercising a break clause – New Square Chambers

Posted November 5th, 2013 in contracts, landlord & tenant, leases, news, rent by sally

“A tenant’s option to determine a commercial lease (a ‘break clause’) is a common feature of the modern landlord and tenant relationship. As a result of the weak economy and the ability of tenants to determine unilaterally an unfavourable lease on terms, there have recently been a number of reported decisions concerning the disputed exercise of break clauses. The typical interests in conflict have been described in Canonical UK Ltd v TST Millbank LLC [2012] EWHC 3710 (Ch) by Vos J (para 3): ‘This is a hard case for both sides. The tenant company … needs to know if it has successfully broken the lease because its future business depends on using its resources elsewhere. The landlord in these poor economic times seeks to use any argument it properly can to keep its building tenanted.'”

Full story (PDF)

New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another – WLR Daily

Posted November 4th, 2013 in carriage of goods, contracts, jurisdiction, law reports by sally

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another [2013] EWCA Civ 1319; [2013] WLR (D) 417

“Where the English court had jurisdiction pursuant to article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road (as scheduled to the Carriage of Goods by Road Act 1965) in respect of a claim by the cargo owner against the primary carrier under the contract of carriage, article 36 of the Convention permitted the cargo owner to bring proceedings in England not only against the primary carrier, but also against successive carriers, whether or not the English court would have had jurisdiction over the successive carriers individually applying the provisions of article 31.1.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

NCVO report attacks ‘crude’ implementation of payment by results contracts – Local Government Lawyer

Posted October 31st, 2013 in charities, contracting out, contracts, news, public procurement, reports by michael

“There is general support among charities for ‘payment by results’ but its implementation has often been ‘crude’ and ‘seriously flawed’, a report for the National Council for Voluntary Organisations has argued.”

Full story

Local Government Lawyer, 30th October 2013

Source: www.localgovernmentlawyer.co.uk

Is this the end for Swap Mis-selling Claims? – No. 5 Chambers

Posted October 30th, 2013 in appeals, banking, consumer protection, contracts, interest, limitations, news by sally

“One of the difficulties encountered when advising clients as to the merits of their claim that they have been mis-sold an Interest Rate Hedging Product (IRHP), usually an Interest Rate Swap, is the paucity of decided case law concerning the sale of such products.”

Full story

No. 5 Chambers, 21st October 2013

Source: www.no5.com

Landlords threaten legal action over mortgage rates – BBC News

Posted October 28th, 2013 in contracts, interest, landlord & tenant, mortgages, news, rent by sally

“Buy-to-let landlords are threatening to take legal action against what they say are unjustified interest rate rises.”

Full story

BBC News, 26th October 2013

Source: www.bbc.co.uk

Flame SA v Glory Wealth Shipping PTE Ltd – WLR Daily

Posted October 25th, 2013 in compensation, contracts, damages, law reports by sally

Flame SA v Glory Wealth Shipping PTE Ltd [2013] EWHC 3153 (Comm); [2013] WLR (D) 400

“The purpose behind the compensatory principle underpinning the assessment of an award of damages for a repudiatory breach of contract was to put the innocent party in the position it would have found itself had the other party fulfilled its obligations. It was for the innocent party to prove its loss which in turn required it to prove that had the breach not occurred it would have been able to fulfil its obligations under the contract. Any identified inability to perform its future obligations which could have prevented the innocent party from receiving what was due to it under the terms of the contract had to be taken into account in the assessment of the level of the award of damages for the repudiatory breach to prevent the innocent party obtaining windfall damages.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

Glendalough Associated SA v Harris Calnan Construction Co Ltd – WLR Daily

Posted October 23rd, 2013 in construction industry, contracts, damages, delay, law reports, tenders by sally

Glendalough Associated SA v Harris Calnan Construction Co Ltd: [2013] EWHC 3142 (TCC);   [2013] WLR (D)  397

“Where, in adjudication proceedings brought pursuant to the Housing Grants, Construction and Regeneration Act 1996, the referring party did not assert in terms that the agreement in question was made otherwise than in writing, section 107(5) of the Act was not engaged.”

WLR Daily, 21st October 2013

Source: www.iclr.co.uk

High Court grants injunction to losing bidder over £1bn waste contract award – Local Government Lawyer

Posted October 9th, 2013 in contracts, costs, damages, delay, energy, injunctions, news, public interest, public procurement, waste by sally

“A High Court judge has granted an energy company an injunction preventing a waste authority from entering into a £1bn+ resource recovery contract (RRC) with a rival business.”

Full story

Local Government Lawyer, 8th October 2013

Source: www.localgovernmentlawyer.co.uk

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s – WLR Daily

Posted October 8th, 2013 in appeals, construction industry, contracts, housing, insurance, law reports, warranties by sally

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s [2013] EWCA Civ 1173; [2013] WLR (D) 368

“The inadvertent naming of the wrong builder in a proposal form for insurance against latent defects including cover for the insolvency of the builder during the construction of social housing units, constituted a breach of warranty entitling the insurers to avoid the policy.”

WLR Daily, 4th October 2013

Source: www.iclr.co.uk

French Republic v Commission of the European Union – WLR Daily

Posted October 7th, 2013 in appeals, contracts, EC law, law reports, news, public procurement, state aids, taxation by sally

French Republic v Commission of the European Union (Case C-115/12P); [2013] WLR (D) 364

“The calculation of whether a member state had ‘subsided directly’ by more than 50% a works contract awarded by an entity other than themselves within the meaning of article 2(1) of Council Directive 93/37/EEC which triggered the public procurement procedures under that Directive, included sums arising from tax reductions to the members of commercial partnerships, who were natural persons, investing in a works contract.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

“Normal concerned parent” or “distinctly troublesome”? – Education Law Blog

Posted October 7th, 2013 in contracts, education, news, parental responsibility, professional conduct, school children by sally

“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.”

Full story

Education Law Blog, 4th October 2013

Source: www.education11kbw.com

Lessons from Lance – Recovering Sponsorship and Endorsement Monies – Sports Law Bulletin from Blackstone Chambers

Posted September 20th, 2013 in contracts, drug abuse, news, remuneration, sport by sally

“James Segan discusses the difficult issue of how sponsors can recover endorsement payments when the sponsored athlete confesses to inappropriate or unlawful behaviour.”

Full story

Sports Law Bulletin from Blackstone Chambers, 19th September 2013

Source: www.sportslawbulletin.org

Gym chains forced to improve contract terms – Daily Telegraph

Posted September 10th, 2013 in consumer protection, contracts, news by sally

“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).”

Full story

Daily Telegraph, 10th September 2013

Source: www.telegraph.co.uk

Torre Asset Funding Ltd and another v Royal Bank of Scotland plc – WLR Daily

Posted September 10th, 2013 in agency, banking, contracts, disclosure, law reports, news by sally

Torre Asset Funding Ltd and another v Royal Bank of Scotland plc: [2013] EWHC 2670 (Ch);   [2013] WLR (D)  343

“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 – WLR Daily

Posted September 6th, 2013 in appeals, contracts, covenants, land registration, law reports, roads by sally

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

Luis Suarez: When ‘Good Faith’ Bites – Littleton Chambers

Posted September 3rd, 2013 in contract of employment, contracts, news, sport by sally

“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’.”

Full story

Littleton Chambers, 22nd August 2013

Source: www.littletonchambers.com

In re MF Global UK Ltd (No 4) (in special administration); Heis and others v Attestor Value Master Fund LP and another – WLR Daily

Posted September 2nd, 2013 in administrators, breach of trust, contracts, insolvency, law reports by sally

In re MF Global UK Ltd (No 4) (in special administration); Heis and others v Attestor Value Master Fund LP and another [2013] EWHC 2556 (Ch); [2013] WLR (D) 339

“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

Andrew Clarke QC on Football Transfer Requests and Buy-Out Clauses – Littleton Chambers

Posted August 22nd, 2013 in contract of employment, contracts, news, sport by sally

“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.”

Full story

Littleton Chambers, 15th August 2013

Source: www.littletonchambers.com

Separate extensions to software licensing deal transferred in liquidation deemed valid and invalid by High Court – OUT-LAW.com

Posted August 20th, 2013 in computer programs, contracts, insolvency, licensing, news, time limits by sally

“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.”

Full story

OUT-LAW.com, 20th August 2013

Source: www.out-law.com