The Scope Of The Duty Of Fidelity – No. 5 Chambers

Posted April 17th, 2013 in contracts, employment, fiduciary duty, news by sally

“What are the duties of an Employee who is approached by a family member to supply goods or services to his Employer?”

Full story

No. 5 Chambers, 18th March 2013

Source: www.no5.com

Stamp duty land tax sub-sale relief scheme failed because a novation was not a transfer of rights, according to Tribunal – OUT-LAW.com

Posted April 10th, 2013 in contracts, news, stamp duty, tax avoidance, tribunals by sally

A scheme to avoid stamp duty land tax (SDLT) on the purchase of a London house, involving a novation of a contract, failed because SDLT sub-sale relief was only available where there was a transfer of rights and a novation was not a transfer of rights, according to a decision of the First Tier Tax Tribunal.

Full story

OUT-LAW.com, 10th April 2013

Source: www.out-law.com

New rules for CMCs – Ministry of Justice

Posted April 8th, 2013 in claims management, codes of practice, contracts, news, regulations by sally

“Get a signature on the dotted line or there is no contract, warns the Claims Management Regulator as tough new Conduct Rules for claims management companies (CMCs) are announced.”

Full story

Ministry of Justice, 8th April 2013

Source: www.justice.gov.uk

Regina v Applied Language Solutions Ltd – WLR Daily

Regina v Applied Language Solutions Ltd: [2013] EWCA Crim 326;   [2013] WLR (D)  123

“Where a company had an agreement with the Ministry of Justice to provide interpreters, including interpreters for criminal proceedings, it was essential that an interpreter was provided on every occasion when one was required. If there was successive non-attendance of an individual interpreter or successive failures in systems a court was entitled to view that as amounting to serious misconduct rendering the company liable for the costs thereby incurred by the Crown Prosecution Service and the defence.”

WLR Daily, 25th March 2013

Source: www.iclr.co.uk

Gagged NHS whistleblowers will be allowed to speak out, Sir David Nicholson says – Daily Telegraph

Posted March 19th, 2013 in compromise, contracts, health, news, select committees, whistleblowers by tracey

“Hundreds of whistleblowers are now free to come forward with damaging
disclosures about the NHS after their gagging orders were retrospectively
lifted, Sir David Nicholson has told MPs.”

Full story

Daily Telegraph, 18th March 2013

Soruce: www.telegraph.co.uk

Unfair terms in consumer contracts – Law Commission

“The Law Commission and the Scottish Law Commission have today recommended reforms to provide better protection for consumers from unfair charges in small print.”

Full report

Law Commission, 19th March 2013

Source: www.justice.gov.uk/lawcommission

Law commissions urge tougher action on hidden charges – BBC News

“Consumers need more protection against hidden charges often tucked away in the
small print, according to two bodies responsible for promoting law reform.”

Full story

BBC News, 19th March 2013

Source: www.bbc.co.uk

Ban on NHS gagging orders – The Guardian

Posted March 14th, 2013 in contracts, health, hospitals, news, non-disclosure agreements, whistleblowers by sally

“Gagging clauses that stop departing NHS staff from speaking out about patient safety or care have been banned by the government.”

Full story

The Guardian, 14th March 2013

Source: www.guardian.co.uk

Her Majesty’s Revenue and Customs (Appellant) v Aimia Coalition Loyalty UK Limited (formerly known as Loyalty Management UK Limited) (Respondent) – Supreme Court

Posted March 13th, 2013 in contracts, EC law, law reports, VAT by sally

Her Majesty’s Revenue and Customs (Appellant) v Aimia Coalition Loyalty UK Limited (formerly known as Loyalty Management UK Limited) (Respondent) [2013] UKSC 15 | UKSC 2009/0154 (YouTube)

Supreme Court, 13th March 2013

Source: www.youtube.com/user/UKSupremeCourt

HarperCollins sued by former death row prisoner over ditched book – The Guardian

Posted March 13th, 2013 in contracts, loss of chance, news, publishing by sally

“Nick Yarris, who was wrongfully convicted and sentenced to death for murder, sues publisher over abandoned life story.”

Full story

The Guardian, 12th March 2013

Source: www.guardian.co.uk

Westfields Construction Ltd v Lewis – WLR Daily

Posted March 12th, 2013 in construction industry, contracts, jurisdiction, law reports by sally

Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC); [2013] WLR (D) 93

“Occupation of a property was an ongoing process and could not be tested by reference to a single snapshot in time in determining whether a property owner was a ‘residential occupier’ for the purposes of section 106 of the Housing Grants, Construction and Regeneration Act 1996.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

New Contractual Terms: Joint statement by the Chairman of the Bar and the President of the Law Society – The Bar Council

Posted March 8th, 2013 in barristers, contracts, press releases, solicitors by tracey

” The Chairman of the Bar and the President of the Law Society have released a joint statement on the new Contractual Terms.”

Full press release

The Bar Council. 7th March 2013

Source: www.barcouncil.org.uk

Gym chains forced to relax contract terms – The Guardian

Posted March 8th, 2013 in consumer protection, contracts, news, unfair contract terms by tracey

“Three of Britain’s biggest gym chains have had to change their contracts to make it easier for people to cancel, after the Office of Fair Trading ruled their terms and practices were unfair.”

Full story

The Guardian, 8th March 2013

Source: www.guardian.co.uk

Internal Disciplinary Hearings and Injunctions – Littleton Chambers

“Dr Chhabra is a consultant psychiatrist at Broadmoor Hospital. She was alleged by a member of the public to have breached patient confidentiality whilst travelling on a train (an allegation that might cause lawyers who work on trains pause for thought…). Her employer Trust appointed an outside psychiatrist to investigate the allegations under the Trust’s procedures, implementing ‘Maintaining High Professional Standards in the Modern NHS’. The case manager, on reviewing the investigator’s report, decided that the matter should be brought before a disciplinary hearing at which Dr. Chhabra would face allegations of gross misconduct that may have led to dismissal. Separately the Trust referred capability concerns relating to Dr. Chhabra that had also been considered in the investigator’s report, to the National Clinical Assessment Service (‘NCAS’).”

Full story

Littleton Chambers, 12th February 2013

Source: www.littletonchambers.com

Without prejudice communications – 11 Stone Buildings

“When a litigator enters into settlement discussions, the general rule is that the content of those communications are protected by the Without Prejudice Rule and cannot be relied upon as evidence in court if the case doesn’t settle. This rule, however, does not constitute a blanket ban. In this note James Barnard reminds us of the Without Prejudice Rule framework, its recognised exceptions and how the Supreme Court case of Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] UKSA 44 created another wide-ranging exception.”

Full story (PDF)

11 Stone Buildings, February 2013

Source: www.11sb.com

Hooper and another v Oates – WLR Daily

Posted February 22nd, 2013 in appeals, contracts, damages, law reports, sale of land by sally

Hooper and another v Oates [2013] EWCA Civ 91; [2013] WLR (D) 72

“The date for assessment of damages for breach of a contract for the sale of land where the purchaser had failed or refused to complete the purchase was not the date of the breach but the date when the vendors brought to an end their reasonable attempts to resell the property and took the property back for their own use.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Supreme Court upholds FSA’s power to regulate extended warranties – OUT-LAW.com

Posted February 18th, 2013 in consumer protection, contracts, financial regulation, insurance, news, warranties by sally

“The Financial Services Authority (FSA) was within it rights to close down two unauthorised extended warranty schemes, regardless of whether the cover involved the payment of money to customers, the Supreme Court has confirmed.”

Full story

OUT-LAW.com, 15th February 2013

Source: www.out-law.com

In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) – Supreme Court

Posted February 13th, 2013 in contracts, EC law, financial regulation, insurance, law reports, warranties by sally

In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) [2013] UKSC 7 | UKSC 2012/0003 (YouTube)

Supreme Court, 13th February 2013

Source: www.youtube.com/user/UKSupremeCourt

LSC drops legal aid contract changes – Law Society’s Gazette

Posted February 11th, 2013 in contracts, disclosure, Law Society, legal aid, news, prosecutions by sally

“The Legal Services Commission has agreed to drop controversial changes to ongoing legal aid contracts following talks with the Law Society.”

Full story

Law Society’s Gazette, 11th February 2013

Source: www.lawgazette.co.uk

Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) – WLR Daily

Posted February 7th, 2013 in contracts, enforcement, landlord & tenant, law reports, leases, third parties by sally

Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) [2013] EWHC 98 (Ch); [2013] WLR (D) 40

“An option in an agreement which, if taken up, would lead to a tenancy was not ‘an agreement for a tenancy’ for the purposes of section 28(1) of the Landlord and Tenant (Covenants) Act 1995. Also, conditions precedent to the grant of lease were not covenants that were part of the agreement for a tenancy nor were they comprised within landlord and tenant covenants for the purposes of section 28. Therefore, in neither case did the burden of the obligation undertaken by the vendor transfer to the purchaser by virtue of the 1995 Act.”

WLR Daily, February 2013

Source: www.iclr.co.uk