“A millionaire property developer and his wife who claimed they were brought to complete ruination by a simple banking error have lost their High Court claim for more than £3 million in damages.”
Daily Telegraph, 15th January 2013
Source: www.telegraph.co.uk
“The Government is consulting on new laws which would extend producers’ and performers’ rights in sound recordings from 50 to 70 years.”
OUT-LAW.com, 9th January 2013
Source: www.out-law.com
Hackney Empire Ltd v Aviva Insurance Ltd [2012] EWCA Civ 1716; [2013] WLR (D) 2
“The rule in Holme v Brunskill (1878) 3 QBD 495, permitting the discharge of a surety’s liability under a guarantee, only applied where the parties to the principal contract guaranteed had varied the terms of that contract without the surety’s consent.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Dalmare SpA v Union Maritime Ltd and another [2012] EWHC 3537 (Comm); [2012] WLR (D) 391
“Section 14(2) of the Sale of Goods Act 1979 implied a term into a memorandum of agreement for the sale of a vessel sold ‘as she was’ that the goods would be of satisfactory quality.”
WLR Daily, 13th December 2012
Source: www.iclr.co.uk
“A legal expenses insurer could seek to limit the level of costs and expenses payable under an insurance policy in respect of a solicitor’s services for which it was liable to the insured provided that the freedom to choose a lawyer guaranteed by Council Directive 87/344/EEC, as transposed into English law by regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990, was not rendered meaningless.”
WLR Daily, 12th December 2012
Source: www.iclr.co.uk
Econord SpA v Comune di Cagno and others (Joined Cases C-182/11 and C-183/11); [2012] WLR (D) 356
“The condition established by the case law of the Court of Justice European Union (Teckal Srl v Comune di Viano (Case C-107/98) [1999] ECR I-8121 and Parking Brixen GmbH v Gemeinde Brixen (Case C-485/03) [2005] ECR I-8585) to the effect that, in order to be exempted from their obligation to initiate a public tendering procedure and instead to make an in-house award of a contract to a jointly owned municipal company, public authorities had to jointly exercise over that entity control similar to the control they exercised over their own departments, was fulfilled where each of those authorities not only held capital in that entity, but also played a role in its managing bodies.”
WLR Daily, 29th November 2012
Source: www.iclr.co.uk
“A derivative claim brought by limited partners in a partnership, in the partnership’s name, against the partnership’s manager was permitted where there were special circumstances to justify such a claim.”
WLR Daily, 16th November 2012
Source: www.iclr.co.uk
Yeates and another v Line and another [2012] EWHC 3085 (Ch); [2012] WLR (D) 319
“An oral compromise agreement was not void by virtue of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 merely because it had a disposing effect. The compromise agreement was not an agreement for ‘the sale or other disposition of an interest in land’ within the meaning of section 2(1), so that despite being oral it was a valid contract.”
WLR Daily, 12th November 2012
Source: www.iclr.co.uk
“It is a more or less universal rule that all reforms which are intended to simplify the law have unintended consequences. Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 came into force on 27th September 1989 – 23 years later, lawyers are still arguing about what contracts it does and does not affect, most recently in Keay v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900.”
Hardwicke Chambers, 2nd October 2012
Source: www.hardwicke.co.uk
“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
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