“In its recent judgment in Thinc Group-v-Armstrong [2012] EWCA Civ 1227, the CA has upheld a rare victory for that endangered species beloved of Lord Denning – the Collateral Warranty.”
Employment Law Blog, 3rd October 2012
Source: www.employment11kbw.com
“Virgin Trains has started court proceedings over the government’s decision to award a new franchise to rival transport company FirstGroup.”
BBC News, 28th August 2012
Source: www.bbc.co.uk
“Claims management companies (CMCs) could be banned from entering into verbal contracts with consumers as part of a Government initiative to crack down on bad practice in the sector.”
OUT-LAW.com, 27th August 2012
Source: www.out-law.com
“The Claims Management Regulator (CMR) has launched a consultation which proposes, amongst other things, to end verbal contract arrangements between consumers and CMCs and enforcing a written contract before any fee can be taken.”
Ministry of Justice, 22nd August 2012
Source: www.justice.gov.uk
“In the recent decision in UK Coal Mining v IC, Nottinghamshire County Council & Veolia [2012] UKUT 212 AAC, the Upper Tribunal has dismissed an appeal concerned with section 43(2) of FOIA (commercial prejudice): the First-Tier Tribunal (decision EA/2010/0142, on which see our post here) had been entitled to find that only very limited redactions could be made to provisions from a PFI contract for a waste incinerator. Upper Tribunal Judge Wikeley’s decision, while largely fact-specific, illustrates two significant points.”
Panopticon, 17th August 2012
Source: www.panopticonblog.com
Standard Chartered Bank v Ceylon Petroleum Corporation [2012] WLR (D) 232
“In the absence of any indication to the contrary, a commercial entity set up by statute to engage in international and domestic trade had the capacity to enter into the whole range of transactions which a commercial organisation acting in that field of business would ordinarily undertake, including hedging or speculative transactions.”
WLR Daily, 27th July 2012
Source: www.iclr.co.uk
“The way in which a private contractor was awarded a £300m monopoly of court interpreting services throughout England and Wales and the firm’s ‘underperformance’ are to be investigated by MPs.”
The Guardian, 20th July 2012
Source: www.guardian.co.uk
Keay and another v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900; [2012] WLR (D) 201
“The proposition that a void contract could, by acts in the nature of part performance, mature into a valid one was contrary to principle and wrong.”
WLR Daily, 11th July 2012
Source: www.iclr.co.uk
Content Services Ltd v Bundesarbeitskammer (Case C-49/11); [2012] WLR (D) 195
“Article 5(1) of Parliament and Council Directive 97/7/EC of 20 May 1997 on the protection of consumers in respect of distance contracts meant that a business practice which made the information referred to in that provision accessible to the consumer only via a hyperlink on a website did not meet the requirements of the Directive, since that information was neither ‘given’ by that undertaking nor ‘received’ by the consumer and was not a ‘durable medium’.”
WLR Daily, 5th July 2012
Source: www.iclr.co.uk
“Oxford University Press, the global academic publishing department of the university, has been ordered to pay nearly £1.9m after two subsidiary companies bribed government officials for contracts to supply school textbooks in east Africa.”
The Guardian, 3rd July 2012
Source: www.guardian.co.uk
“Proposed changes to insurance law for businesses could make it harder for insurers to avoid contracts where a company does not disclose “every material circumstance” when taking out a policy.”
OUT-LAW.com, 27th June 2012
Source: www.out-law.com
“An Oxford University don is locked in a battle of wits with one of Britain’s biggest companies over the small print in a contract, which he believes could offer hope for millions of mobile phone customers.”
The Independent, 7th June 2012
Source: www.independent.co.uk
“PowerPoint slides by Professor Nelson Enonchong which were used at the 145th anniversary of the Budapest Lawyers Association.”
Slides (PDF)
No. 5 Chambers, 1st June 2012
Source: www.no5.com
Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170
“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
“A man who blamed his girlfriend’s five year old son for making loss-making trades in expensive natural resources through his online betting account is not bound by a term he agreed to on a website stating that he would be deemed to have authorised all trading made under his account number, the High Court has ruled.”
OUT-LAW.com, 29th May 2012
Source: www.out-law.com
“Where a commercial contract contained a choice of law clause exclusively in favour of one country and a jurisdiction clause giving the courts of the same country exclusive jurisdiction, but an arbitration clause by which the seat of the arbitration was to be in a different country, the issue of the proper law of the arbitration clause was a matter of contractual interpretation. The proper law depended on all the terms of the particular contract, when read in the light of the surrounding circumstances and commercial common sense.”
WLR Daily, 16th May 2012
Source: www.iclr.co.uk
“Solicitors are entitled to suspend work for clients who have not paid their bill in accordance with the contractual term of business agreed, the Court of Appeal has ruled in a key case on retainers.”
Law Society’s Gazette, 2nd May 2012
Source: www.lawgazette.co.uk
“The Court of Appeal (CoA) is to pilot a mediation scheme for all personal injury and contract claims up to the value of £100,000 for which permission to appeal is given.”
The Lawyer, 4th April 2012
Source: www.thelawyer.com
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