Category: contracts

Adjudication decision declared invalid for serious breaches of the rules of natural justice – 4 New Square

Posted August 6th, 2013 in arbitration, construction industry, contracts, news by sally

“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.”

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4 New Square, 30th July 2013

Source: www.4newsquare.com

“All Money” Guarantees Mean What They Say – Littleton Chambers

Posted July 31st, 2013 in banking, contracts, guarantees, interpretation, news, vicarious liability by sally

“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.”

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Littleton Chambers, 19th July 2013

Source: www.littletonchambers.com

Construction industry disputes – Panopticon

Posted July 26th, 2013 in confidentiality, construction industry, contracts, local government, news, public interest by sally

“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.'”

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Panopticon, 26th July 2013

Source: www.panopticonblog.com

Urban I (Blonk Street) Ltd v Ayres and another – WLR Daily

Posted July 12th, 2013 in appeals, construction industry, contracts, delay, law reports, sale of land by sally

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

Discharge of Guarantees – The Doctrine of “Purview of the Guarantee” – Is There a “Get Out of Jail Free Card” For Guarantors? – Littleton Chambers

Posted July 10th, 2013 in construction industry, contracts, guarantees, news, summary judgments by sally

“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.”

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Littleton Chambers, 9th July 2013

Source: www.littletonchambers.com

New rules to protect customers from rogue claims firms – Ministry of Justice

Posted July 9th, 2013 in claims management, consumer protection, contracts, legal profession, news by sally

“Customers taking on the services of claims management companies (CMCs) will be better protected as tough new rules come into effect.”

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Ministry of Justice, 8th July 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited [2013] EWHC 1191 (TCC) – 4 New Square

Posted July 3rd, 2013 in contracts, damages, interpretation, limitations, negligence, news, planning by sally

“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.”

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4 New Square, 1st July 2013

Source: www.4newsquare.com

Grey v Swansea City and County Council – WLR Daily

Posted July 2nd, 2013 in contracts, law reports, licensing, local government, road traffic by sally

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 – WLR Daily

Posted June 20th, 2013 in contracts, interpretation, law reports by sally

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

Do NHS commissioners invest enough in contract management? – No. 5 Chambers

Posted June 18th, 2013 in contracting out, contracts, health, news by sally

“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.”

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No. 5 Chambers, 17th June 2013

Source: www.no5chambers.com

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) – WLR Daily

Posted June 18th, 2013 in contracts, EC law, law reports, local government, public procurement by sally

Piepenbrock Dienstleistungen GmbH & Co KG v Kreis Düren (Stadt Düren intervening) (Case C-386/11); [2013] WLR (D) 233

“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

Does the law need to be rectified? Chartbrook revisited – The Chancery Bar Association

Posted June 13th, 2013 in contracts, drafting, interpretation, news, speeches by sally

Does the law need to be rectified? Chartbrook revisited (PDF)

The Chancery Bar Association, Annual Lecture 2013

Source: www.chba.org.uk

Is small print in online contracts enforceable? – BBC News

Posted June 6th, 2013 in consumer protection, contracts, enforcement, internet, news, unfair contract terms by sally

“With some internet companies’ terms and conditions being longer than Shakespeare’s Hamlet, could it be that ‘unfair’ clauses in agreements are not even worth the paper they are printed on?”

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BBC News, 6th June 2013

Source: www.bbc.co.uk

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

Posted June 4th, 2013 in arbitration, construction industry, contracts, damages, law reports by sally

Aspect Construction (Asbestos) Ltd v Higgins Construction plc [2013] EWHC 1322 (TCC); [2013] WLR (D) 211

“A construction contract did not contain an implied term that a party to the contract, unsuccessful in adjudication, was entitled to have a final and binding resolution of the dispute determined by litigation.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd – WLR Daily

Posted May 29th, 2013 in appeals, construction industry, contracts, delay, law reports by sally

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd [2013] EWCA Civ 577; [2013] WLR (D) 202

“In determining whether a breach of a contract had been repudiatory an important factor to be taken into account was whether, although serious, the breach had been remedied before the injured party had purported to exercise a right of termination of the contract. Likewise, if there had been delay in performance of an ongoing obligation, it might be possible for the delay to be made up by faster performance. The court had to consider the position as at the date when the injured party purported to terminate. In the absence of time being of the essence, delay would only become a repudiatory breach if it were so prolonged as to frustrate the contract.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

How to challenge a parking ticket – The Guardian

Posted April 18th, 2013 in appeals, contracts, fines, news, parking by sally

“Don’t be taken for a ride over parking tickets – know your rights on private car parks, penalty charges and your right to appeal.”

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The Guardian, 18th April 2013

Source: www.guardian.co.uk

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?”

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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.

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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.”

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Ministry of Justice, 8th April 2013

Source: www.justice.gov.uk

Regina v Applied Language Solutions Ltd – WLR Daily

Posted March 27th, 2013 in contracts, courts, criminal justice, interpreters, law reports, maladministration by sally

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