Exemption clauses need strong words to survive deliberate, fundamental breaches, says High Court – OUT-LAW.com

Posted May 11th, 2009 in contracts, exclusion clauses, news by sally

“Someone who deliberately breaches a fundamental term of a contract generally cannot rely on exemptions in the contract to avoid liability to the other party without clear, strong language to that effect, the High Court has ruled.”

Full story

OUT-LAW.com, 6th May 2009

Source: www.out-law.com

Male flight attendants ‘banned’ – BBC News

Posted April 15th, 2009 in contracts, news, sex discrimination by sally

“A cabin crew boss was forced to employ only young, slim, single women to crew private aircraft, a tribunal has heard.”

Full story

BBC News, 14th April 2009

Source: www.bbc.co.uk

BT direct debit rebel loses case – BBC News

Posted March 27th, 2009 in contracts, news, utilities by sally

“A Nottingham man who took BT to court after being cut off in a row over how to pay his bill has lost his case.”

Full story

BBC News, 26th March 2009

Source: www.bbc.co.uk

Courts must read effect into ambiguous contracts, says Court of Appeal – OUT-LAW.com

Posted March 24th, 2009 in contracts, interpretation, news by sally

“When a contract is poorly drafted and its effect unclear courts should interpret it in order to give it force rather than to render it void, the Court of Appeal has said.”

Full story

OUT-LAW.com, 24th March 2009

Source: www.out-law.com

Reforming insurance contract law – Law Commission

Posted March 13th, 2009 in contracts, insurance, press releases by sally

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 11th March 2009

Source: www.lawcom.gov.uk

Landlady wins case against rapist who sued her for clearing his flat – Daily Telegraph

Posted March 10th, 2009 in contracts, landlord & tenant, news by sally

“Melody Goymer, a landlady who was sued for £750 by a serial rapist for clearing her flat of his belongings after he was arrested, has won her appeal against the ruling.”

Full story

Daily Telegraph, 9th March 2009

Source: www.telegraph.co.uk

Airtime reseller had no duty to sue O2, rules High Court – OUT-LAW.com

Posted March 6th, 2009 in contracts, fiduciary duty, interpretation, news, telecommunications by sally

“A mobile phone airtime reseller did not have a legal duty to take network O2 to court on behalf of a company which had sold it its subscriber base, the High Court has said. The Court said the claim was based on a mistaken interpretation of a contract.”

Full story

OUT-LAW.com, 4th March 2009

Source: www.out-law.com

Suppliers in breach of contract may face greater liability after Court of Appeal ruling – OUT-LAW.com

Posted February 20th, 2009 in contracts, damages, news by sally

“A customer’s decision to terminate a contract and then to use that contract’s remedies to recover money did not prevent that company also suing for common law damages over a supplier’s failure to fulfil the contract, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 19th February 2009

Source: www.out-law.com

European regulation on law applicable to contractual obligations (Rome I) – Ministry of Justice

Posted January 23rd, 2009 in conflict of laws, contracts, EC law, press releases by sally

“Justice Minister Lord Bach has made a statement announcing the UK’s participation in the European Community regulation on the law applicable to contractual obligations (Rome I).”

Full press release

Ministry of Justice, 22nd January 2009

Source: www.justice.gov.uk

Allianz Insurance Co – Egypt v Aigaion Insurance Co SA

Posted January 20th, 2009 in contracts, electronic mail, insurance, law reports by sally

Allianz Insurance Co – Egypt v Aigaion Insurance Co SA

Court of Appeal

“In the context of a reinsurance contract, where a gap opened up between what had been previously quoted and agreed and what had been defined on the slip as the determinative contract, an e-mail reply by the defendant reinsurer’s representative was to be construed as an acceptance, which gave priority to the slip, rather than a counter-offer, which would have given priority to previous stipulations.”

The Times, 20th January 2009

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.

Transferred signature cannot count as document approval, says High Court – OUT-LAW.com

Posted December 19th, 2008 in contracts, news by sally

“A client’s signature on one document cannot be transferred to another and taken as approval of that second document, the High Court has said. Lawyers must ensure that the formalities of deeds and contracts are observed, said the Court’s ruling.”

Full story

OUT-LAW.com, 19th December 2008

Source: www.out-law.com

Council to sue £21m over Bath Spa – BBC News

Posted December 16th, 2008 in building law, contracts, delay, news by sally

“Bath and North East Somerset Council is to sue a building firm for £21m after a luxury spa opened five years late.”

Full story

BBC News, 15th December 2008

Source: www.bbc.co.uk

Michael Jackson avoids day in court as lawyers reach a deal with songwriting sheikh – The Times

Posted November 24th, 2008 in contracts, news by sally

“Michael Jackson’s planned appearance in a London courtroom to fight claims that he owes an Arab sheikh nearly £5 million was cancelled last night after the sides struck an eleventh hour deal.”

Full story 

The Times, 24th November 2008

Source: www.timesonline.co.uk

Michael Jackson to testify in person in High Court battle – The Times

Posted November 20th, 2008 in contracts, news by sally

“London’s High Court will play host to a superstar next week when Michael Jackson testifies in person to contest a claim that he owes millions of pounds to an Arab sheikh.”

Full story

The Times, 20th November 2008

Source: www.timesonline.co.uk

‘Kerplunk’ sculptor agrees £1.7m court settlement – Daily Telegraph

Posted November 18th, 2008 in artistic works, contracts, negligence, news by sally

“The award-winning designer of the troubled B of the Bang sculpture has agreed to pay back £1.7 million of taxpayers’ money.”

Full story

Daily Telegraph, 18th November 2008

Source: www.telegraph.co.uk

High Court upholds contract entered into by mistake – OUT-LAW.com

Posted November 12th, 2008 in contracts, mistake, news by sally

“A contract based on a mistake by one of the parties can be valid even if the other party to the contract is aware of the error, the High Court has ruled. The case concerned mistakes that did not form terms of the contract.”

Full story

OUT-LAW.com, 11th November 2008

Source: www.out-law.com

HLB Kidsons (a firm) v Lloyd’s Underwriters subscribing to Policy 621/ PKID00101 and others – WLR Daily

Posted November 7th, 2008 in contracts, insurance, law reports, negligence, notification by sally

HLB Kidsons (a firm) v Lloyd’s Underwriters subscribing to Policy 621/ PKID00101 and others; [2008] WLR (D) 344

“Where a professional indemnity insurance policy required the insured to notify to the insurers of any potential claims against the insured ‘as soon as practicable’ the insured could satisfy the policy requirement if he made an attempted notification of circumstances which might give rise to a claim for professional negligence, which was understood by the underwriters to be such and which was made within the insured period. However, a notification served after the policy had expired relating to new potential claims was not an effective notification.”

WLR Daily, 6th November 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.

Payout over film-maker’s damages – BBC News

Posted October 29th, 2008 in contracts, damages, film industry, news, repairs by sally

“A man has been awarded £79,000 after his home, which he rented out for a film starring Bond actor Daniel Craig, was damaged by a production company.”

Full story

BBC News, 28th October 2008

Source: www.bbc.co.uk

Calzaghe and Warren court fight – BBC News

Posted October 27th, 2008 in contracts, news, sport by sally

“A High Court legal fight has begun between world champ boxer Joe Calzaghe and his former manager Frank Warren.”

Full story

BBC News, 24th October 2008

Source: www.bbc.co.uk

WRU’s High Court player-row win – BBC News

Posted October 27th, 2008 in contracts, news, sport by sally

“The Welsh Rugby Union has won a High Court battle with Wales’ four regions over the player-release row.”

Full story

BBC News, 24th October 2008

Source: www.bbc.co.uk