C v D – WLR Daily

Posted December 7th, 2007 in arbitration, conflict of laws, contracts, law reports by sally

C v D [2007] EWCA Civ 1282

“Parties to a liability insurance contract in the Bermuda form providing for the contract to be governed by New York law but with arbitration in London were to be taken as having agreed, by choosing London as the seat of the arbitration, that proceedings on the arbitration award were only those permitted by English law.”

WLR Daily, 6th December 2007

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.

Seeking new frontiers – Law Society’s Gazette

Posted December 7th, 2007 in contracts, Law Society, legal aid, legal services, news by sally

“Andrew Holroyd hails a landmark ruling for legal aid lawyers and the launch of the law society’s international division.”

Full story

Law Society’s Gazette, 6th December 2007

Source: www.lawgazette.co.uk

Society wins appeal against LSC contract – Law Society’s Gazette

Posted December 7th, 2007 in contracts, legal aid, legal services, news by sally

“New civil legal aid fees may have to be scrapped in light of the appeal court’s ruling last week that the Legal Services Commission’s (LSC) unified contract is unlawful.”

Full story

Law Society’s Gazette, 6th December 2007

Source: www.lawgazette.co.uk

Bar Council delays new fee contract scheme – The Lawyer

Posted September 4th, 2007 in barristers, contracts, fees, news, solicitors by sally

“The new fee contract between barristers and solicitors, which was due to be introduced on 1 October, is being delayed by a year.”

Full story

The Lawyer, 3rd September 2007

Source: www.thelawyer.com

Queen sends in lawyers over ‘royal rage’ film – Daily Telegraph

Posted August 13th, 2007 in contracts, media, news by sally

“The Queen has instructed her lawyers to take action over the way a BBC programme trailer misrepresented her by suggesting she had stormed out of a photo shoot.”

Full story

Daily Telegraph, 12th August 2007

Source: www.telegraph.co.uk

Insurance Contract Law – Law Commission

Posted July 17th, 2007 in consultations, contracts, insurance, warranties by sally

“On 17 July 2007 the Law Commission published jointly with the Scottish Law Commission a consultation paper on insurance contract law. We invite comments on provisional proposals to modernise the law relating to misrepresentation, non-disclosure and breach of warranty by the insured.”

Insurance Contract Law: Misrepresentation, Non-Disclosure and Breach of Warranty by the Insured (PDF)

Law Commission, 17th July 2007

Source: www.lawcom.gov.uk

Deal struck on the phone is binding, rules High Court – OUT-LAW.com

Posted July 11th, 2007 in contracts, news by sally

“An oral contract over the phone is binding, the High Court has ruled in a multi-million pound case which threatened to undermine the way the world of high finance operates. The verbal agreement did not have to be in writing, the court found.”

Full story

OUT-LAW.com, 10th July 2007

Source: www.out-law.com

Telephone trade as good as a written contract, High Court rules – The Times

Posted July 6th, 2007 in contracts, news by sally

“The City of London breathed a collective sigh of relief this afternoon as the High Court confirmed that despite major technological advancements and cultural changes, the principle of ‘my word is my bond’ was still relevant in the modern world.  In the first case of its kind, a judge ruled that an investment fund could not pull out of a financial transaction after circumstances made the deal substantially less attractive. ”

Full story

The Times, 6th July 2007

Source: www.timesonline.co.uk

Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd. – Times Law Reports

Posted May 18th, 2007 in carriage of goods, contracts, law reports by sally

Contract valid despite nonconformity

Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd.

House of Lords

“When a carrier accepted packages for transportation by road to another country, and the undertaking was performed to an extent, then there was a contract of carriage even if the carrier had unknowingly accepted packages which did not conform to its terms and conditions of carriage. Therefore the Convention on the Contract for the International Carriage of Goods by Road applied.”

The Times, 18th May 2007

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.

Halpern and Another v Halpern and Others (No. 2) – Times Law Reports

Posted May 14th, 2007 in contracts, duress, law reports by sally

Counter-restitution not required

Halpern and Another v. Halpern and Others (No. 2) 

Court of Appeal

“It was not necessarily the case that a party wishing to obtain rescission of a contract on the ground of duress had to be able to provide counter-restitution. The Court of Appeal so stated, inter alia, when: (i) allowing an appeal by the defendants, Nochum Halpern, David Halpern, Bezalel Halpern, Akiva Halpern and Eshter Vaisfische, against a decision of Mr Justice Christopher Clarke in the commercial court ([2006] 2 All ER (Comm) 251) and (ii) allowing their appeal against a decision of Mr Nigel Teare, QC, sitting as a deputy Queen’s Bench Division judge ( The Times July 18, 2006; [2006] 3 WLR 946) on a preliminary issue whether rescission was available as a remedy for duress if substantial restitution could not be given.”

The Times, 14th May 2007

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.

Only deliberate inducement can be punished, say Lords – OUT-LAW.com

Posted May 10th, 2007 in contracts, inducements, news by sally

“Someone cannot be sued for inducing another person to breach a contract unless it can be shown that the inducement was deliberate, the House of Lords has ruled in a decision which could have a significant impact on employment law.”

Full story

OUT-LAW.com, 9th May 2007

Source: www.out-law.com

Melville Dundas Ltd and Others v George Wimpey UK Ltd and Others – Times Law Reports

Posted May 8th, 2007 in building law, contracts, law reports by sally

Receivership prevents notice of intention from being given

Melville Dundas Ltd. and Others v. George Wimpey UK Ltd. and Others

House of Lords

“A provision that a party to a construction contract could not, unless he had given notice of intention to do so, withhold payment after the final date for payment of a sum due under the contract, did not apply to a lawful ground for withholding payment, such as the contractor going into receivership, when it was not possible for notice to have been given within the statutory time frame.”

The Times, 8th May 2007

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.

Color Drack GmbH v. Lexx International Vertriebs GmbH – WLR Daily

Posted May 4th, 2007 in conflict of laws, contracts, EC law, law reports, sale of goods by sally

Color Drack GmbH v. Lexx International Vertriebs GmbH (Case C-386/05) 

“Where under a contract goods were delivered to several places in the same EC member state, it was the place of principal delivery in that state, determined on the basis of economic criteria, that had jurisdiction in disputes on the contract.”

WLR Daily, 3rd May 2007

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.

Douglas and Another v. Hello! Ltd. and Others – Times Law Reports

Posted May 3rd, 2007 in confidentiality, contracts, economic loss, law reports by sally

Duty of confidentiality to celebrities is enforceable

Douglas and Another v. Hello! Ltd. and Others

House of Lords 

“Photographic images of the wedding of two celebrities had a commercial value over which the celebrities had sufficient control to enable them to impose an obligation of confidence. A magazine publisher who had bought the exclusive right to publish the photographs and had the benefit of the duty of confidentiality imposed by the celebrities, had the right to enforce that duty against a rival magazine which published unauthorised photographs of the wedding.”

The Times, 3rd May 2007

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.

Life got just tougher for those who get scooped – The Times

Posted May 3rd, 2007 in confidentiality, contracts, economic loss, news by sally

“The House of Lords’ ruling, by a 3 – 2 majority in favour of OK! magazine’s £1 million claim against Hello!, will further strengthen the grip that celebrities have over the exploitation of their fame. The use of “spoilers”, in which one publication beats another to an “exclusive” story, will now carry a much greater risk of large compensation claims.”

Full story

The Times, 2nd May 2007

Source: www.timesonline.co.uk

Judgment in full: Douglas v. Hello! – The Times

Posted May 2nd, 2007 in confidentiality, contracts, economic loss, law reports by sally

Douglas v. Hello! [2007] UKHL 21

The Times, 2nd May 2007

Source: www.timesonline.co.uk

Lords OK Hello!’s Zeta-Jones wedding payout – The Times

Posted May 2nd, 2007 in confidentiality, contracts, economic loss, news by sally

“OK! magazine won it’s [sic] appeal today against glossy rival Hello! in the dispute over the Catherine Zeta-Jones and Michael Douglas wedding photographs.”

Full story

The Times, 2nd May 2007

Source: www.timesonline.co.uk

Firm wins compensation for executive time wasted in dispute – OUT-LAW.com

Posted May 1st, 2007 in contracts, damages, news by sally

“A printing firm has successfully won compensation for the wasted time of a company executive in a construction dispute. Bridge Communications was awarded £4,800 for the time which a senior executive spent dealing with the dispute.”

Full story

OUT-LAW.com, 1st May 2007

Source: www.out-law.com

Forced to sign on the dotted line – The Times

Posted April 17th, 2007 in contracts, legal aid, solicitors by sally

“To the outside world it must seem extraordinary that lawyers (of all people) signed a contract so apparently weighted in favour of the paymaster that the profession’s own contract lawyer advised them not to put pen to paper.”

Full story

The Times, 17th April 2007

Source: www.timesonline.co.uk

20 Essex Street barristers conclude key breach of contract case in the Lords – The Lawyer

Posted April 16th, 2007 in contracts, damages, news by sally

“A trio of barristers from 20 Essex Street has secured a House of Lords ruling that could alter significantly the principles governing the way damages are measured for breach of contract.”

Full story

The Lawyer, 16th April 2007

Source: www.thelawyer.com