LSC and Law Society strike up unified legal aid contract – Legal Week

Posted April 10th, 2008 in contracts, legal aid, news, solicitors by sally

“The Law Society has resolved a long-running dispute with the Legal Services Commission (LSC) over the new unified contract for legal aid, after the LSC dropped a threat to usher in an entirely new contract.”

Full story

Legal Week, 10th April 2008

Source: www.legalweek.com

Government changes mind on contract rules – OUT-LAW.com

Posted April 8th, 2008 in contracts, EC law, news, treaties by sally

“The UK Government wants to sign up to a European Regulation which would standardise how the law is applied in cross-border contractual disputes, it has said. The Regulation, known as Rome I, replaces existing rules governing such disputes.”

Full story

OUT-LAW.com, 7th April 2008

Source: www.out-law.com

Aribisala v St James’ Homes (Grosvenor Dock) Ltd – Times Law Reports

Posted April 4th, 2008 in contracts, deposits, law reports, sale of land by sally

Aribisala v St James’ Homes (Grosvenor Dock) Ltd

Chancery Division

“The only real scope for the exercise of the court’s discretion, under section 49(2) of the Law of Property Act 1925, to order the return of a deposit, was when the purchaser of a property was unable to perform the contract; whereas, a purchaser would have the right to the return of the deposit when a vendor was unable to perform the contract.”

The Times, 4th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Bar Council calls on LSC to ditch “failed” high cost contract – The Bar Council

Posted April 4th, 2008 in barristers, contracts, fees, legal services, press releases by sally

“The Bar Council, the professional body for over 15,000 barristers in England and Wales, has called on the Legal Services Commission (LSC) to abandon its proposed new contract for high cost criminal cases and to work together on the swift preparation of a better scheme.”

Full story

The Bar Council, 3rd April 2008

Source: www.barcouncil.org.uk

Wasa International Insurance Co Ltd v Lexington Insurance Co – Times Law Reports

Posted April 3rd, 2008 in contracts, environmental protection, insurance, law reports by sally

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same

Court of Appeal

“The English court would construe contracts of insurance and reinsurance to give effect to the intention of the parties to cover environmental damage, unless there were clear indications to the contrary.”

The Times, 3rd April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Barristers snub MoJ’s revised high-cost cases contract – Legal Week

Posted April 3rd, 2008 in barristers, contracts, costs, legal aid, news by sally

“Barristers have snubbed a second opportunity to join the Ministry of Justice (MoJ) very high-cost criminal cases (VHCC) panel, with only 110 barristers out of the 2,300 to be offered contracts signing up to the panel.”

Full story

Legal Week, 2nd April 2008

Source: www.legalweek.com

M. and J. Polymers Ltd v Imerys Minerals Ltd – Times Law Reports

Posted April 2nd, 2008 in contracts, law reports, penalties, sale of goods by sally

M. and J. Polymers Ltd v Imerys Minerals Ltd

Queen’s Bench Division

“A take-or-pay clause in a supply contract could, as a matter of principle, amount to a penalty.”

The Times, 2nd April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

‘Cash martyr’ loses fee battle against BT – Daily Telegraph

Posted March 29th, 2008 in contracts, news, utilities by sally

“A woman nicknamed the ‘cash martyr’ has lost her legal battle to stop BT penalising customers who pay their bills by cash or cheque.”

Full story

Daily Telegraph, 29th March 2008

Source: www.telegraph.co.uk

Grosvenor Casinos Ltd v National Bank of Abu Dhabi – WLR Daily

Posted March 19th, 2008 in banking, contracts, law reports by sally

Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] EWHC 511 (Comm); [2008] WLR (D) 88

“The Uniform Rules for Collections 522 relating to international banking and collection processes did not create privity of contract between the principal and the collecting bank.”

WLR Daily, 18th March 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Reinwood Ltd v L Brown & Sons Ltd – WLR Daily

Posted March 11th, 2008 in building law, contracts, law reports by sally

Reinwood Ltd v L Brown & Sons Ltd [2008] UKHL 12; WLR (D) 77

“Where under the JCT Standard Form of Building Contract, 1998 ed, Private with Quantities the architect granted the contractor an extension of time after the employer had served a withholding notice and paid under an interim certificate on the assumption that it had the right to rely on a non-completion certificate previously served, the grant of the extension of time did not deprive the employer of that right since it did not cancel the non-completion notice restrospectively.”

WLR Daily, 10th March 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Small print causes big concerns – BBC News

Posted March 4th, 2008 in contracts, news by sally

“Small is far from beautiful, according to an MP seeking a new law to make small print in contracts bigger.”

Full story

BBC News, 4th March 2008

Source: www.bbc.co.uk

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same – WLR Daily

Posted March 4th, 2008 in contracts, insurance, law reports by sally

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same [2008] EWCA Civ 150; WLR (D) 69

“Where the wording in a contract of reinsurance was the same as or equivalent to that in the underlying contract of insurance, the two contracts should be given the same construction unless there were clear indications to the contrary.”

WLR Daily, 3rd March 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Scottish & Newcastle International Ltd v Othon Galanos Ltd – WLR Daily

Posted February 27th, 2008 in contracts, jurisdiction, law reports, sale of goods by sally

Scottish & Newcastle International Ltd v Othon Galanos Ltd [2008] UKHL 11; WLR (D) 61

“Where, under a contract for the sale of cider by the Scottish claimants to Cypriot defendants, with invoices giving Limassol as the “place of delivery”, the cider had been shipped from Liverpool to Limassol, the agreed place of delivery had been Liverpool and delivery of the goods had taken place at Liverpool for the purposes of art 5(1)(b) of Council Regulation (EC) No 44/2001.”

WLR Daily, 26th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd – WLR Daily

Posted February 26th, 2008 in banking, contracts, debts, law reports, valuation by sally

Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd [2008] EWCA Civ 116; WLR (D) 58

“Where a commercial agreement obliged a creditor bank to determine the value of the assets of the defaulting debtor bank at the date of termination, the creditor bank’s obligation was to carry out an honest, but otherwise subjective valuation.”

WLR Daily, 25th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported the corresponding WLR Daily summary is removed.

Dentist in court fight over NHS reforms – The Independent

Posted February 26th, 2008 in contracts, dentists, news by sally

“An orthodontist is awaiting a judgment in the High Court on whether he can challenge his NHS dental services contract.”

Full story

The Independent, 26th February 2008

Source: www.independent.co.uk

Consumer group claims software licences are unfair – OUT-LAW.com

Posted February 25th, 2008 in consumer protection, contracts, news by sally

“Software licences are obscure, unbalanced and unfair, according to the National Consumer Council (NCC), which has filed a complaint with the Office of Fair Trading (OFT). It wants the OFT to force software publishers to use clearer licences.”

Full story

OUT-LAW.com, 25th February 2008

Source: www.out-law.com

New Guidance from Professional Practice Committee on VHCCs – The Bar Council

Posted February 18th, 2008 in barristers, contracts, fees, professional conduct by sally

“The Professional Practice Committee has produced advice on barristers’ obligations under the Code of Conduct in the light of the proposed changes to the VHCC Panel Scheme.”

Very High Cost Cases – Obligations under the Code of Conduct

The Bar Council, 15th February 2008

Source: www.barcouncil.org.uk

Tolkien heirs battle for share of movie profits – The Guardian

Posted February 13th, 2008 in contracts, film industry, news by sally

“A battle as epic, tortuous and heavy with peculiar jargon as any to have sprung from the pen of JRR Tolkien has been joined: this conflict, however, will not pit Orc against Hobbit, but legal wizard against legal wizard.”

Full story

The Guardian, 13th February 2008

Source: www.guardian.co.uk

The County Homesearch Co (Thames & Chilterns) Ltd v Cowham – WLR Daily

Posted February 4th, 2008 in agency, contracts, law reports, remuneration by sally

The County Homesearch Co (Thames & Chilterns) Ltd v Cowham [2008] EWCA Civ 26; [2008] WLR (D) 24

“As in the case of a seller’s agent, where the remuneration of a property buyer’s agent was a commission on exchange of contracts, then unless the agency contract indicated otherwise, a term was to be implied that he was not entitled to such commission unless his services were the effective cause of the transaction brought about. However, no such term was to be implied in the present case as it would be inconsistent with the express terms of the contract between the buyer’s agent and the buyer.”

WLR Daily, 1st February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

C v D (London arbitration clause) – Times Law Reports

Posted January 16th, 2008 in arbitration, conflict of laws, contracts, law reports by sally

C v D (London arbitration clause)

Court of Appeal

“Although the governing law of a liability insurance contract was that of New York, where the contract contained a London arbitration clause, the parties were to be taken to have agreed that the arbitration award could be challenged only in English law proceedings because of the choice of London as the seat of the arbitration.”

The Times, 16th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.