“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
“A new pilot scheme is designed to give a shot in the arm to the Court of Appeal Mediation Scheme (CAMS). It will be managed by CEDR (Centre for Dispute Resolution) which administers CAMS.”
Judiciary of England and Wales, 30th March 2012
Source: www.judiciary.gov.uk
“A design company has been ordered to pay a Formula One (F1) team over £20,000 after it used computer-aided design (CAD) files belonging to the team to help form aerodynamic features for rival cars.”
OUT-LAW.com, 26th March 2012
Source: www.out-law.com
“Watchdog sets deadline for mobile operators to introduce maximum liability caps for phone contracts.”
The Guardian, 9th March 2012
Source: www.guardian.co.uk
“A Belgian cosmetic surgery clinic has been ordered by a British court to pay £100,000 in compensation to a woman left disfigured by a ‘botched’ facelift.”
Daily Telegraph, 10th March 2012
Source: www.telegraph.co.uk
“A vintage car can still be considered authentic even following a substantial rebuild where many of its original parts are replaced, an appeal court heard yesterday.”
Daily Telegraph, 9th March 2012
Source: www.telegraph.co.uk
“If you are a party to a construction contract and are trying to find a fast and efficient way to resolve a dispute arising out of the contract, you may be able to take advantage of the adjudication procedure set out in the Housing, Grants, Construction and Regeneration Act 1996 and the Statutory Scheme for Construction Contracts Regulations 1998. Catherine Piercy has written an article to assist in determining whether your contract falls within the statutory scheme. Once you have decided that you have a construction contract which falls within the HGCRA and is subject to the Statutory Scheme, this article provides a step by step guide to the adjudication and the adjudication process.”
Hardwicke Chambers, 10th February 2012
Source: www.hardwicke.co.uk
“Adjudication is an increasingly used form of dispute resolution within the construction industry. It involves an independent, third party, considering the factual and legal arguments put forward by each party to a construction contract in order to resolve a dispute that has arisen under the contract.”
Hardwicke Chambers, 10th February 2012
Source: www.hardwicke.co.uk
“Tomorrow, 1st February, is the start date for new contracts for family and housing with family practitioners.”
Legal Aid Handbook, 31st January 2012
Source: www.legalaidhandbook.com
Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch); [2012] WLR (D) 4
“Regulation 3(2) of the Utilities Contracts Regulations 2006 (‘UCR’) should be construed as if it said that network ‘includes a system operated in accordance’ instead of ‘means a system operated in accordance’. The term ‘contracting authority’ in regulation 2(1) of the UCR and regulation 3(1) of the Public Contracts Regulations 2006 (‘the PCR’) was restricted to domestic bodies only. The fact that an undertaking was able to continue trading only as a result of very substantial state aid did not preclude it from being of an industrial or commercial character within the terms of article 2(1) of Parliament and Council Directive 2004/17/EC.”
WLR Daily, 20th January 2012
Source: www.iclr.co.uk
“Organisations that share control over the content of video-on-demand (VOD) programmes should write contracts that set out who has overall editorial responsibility for the material, Ofcom has said.”
OUT-LAW.com, 23rd January 2012
Source: www.out-law.com
“The latest development in the credit hire saga, this decision follows the attempts by defendant insurers to apply the Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations 2008 (“the 2008 Regulations”). In Chen Wei v Cambridge Power & Light Ltd the defendant successfully used the claimant’s breach of the 2008 Regulations to avoid payment of any hire charges. In this case the claimant sought to avoid the same conclusion by having the damages paid under a policy of insurance which was in place and pursuing the claim as a subrogated claim by the insurers.”
Full story (PDF)
Zenith Chambers, 17th January 2012
Source: www.zenithchambers.co.uk
“Insurance Contract Law: Post Contract Duties and other Issues.”
Law Commission, 20th December 2011
Source: www.justice.gov.uk/lawcommission
“Soccer star Wayne Rooney’s lawyers today claimed victory in the latest round of a multi-million pound legal fight with a sports management firm.”
The Independent, 1st December 2011
Source: www.independent.co.uk
“An optional system of European contract law advice to the UK Government published.”
Law Commission, 10th November 2011
Source: www.justice.gov.uk/lawcommission
“Courts should apply ‘business common sense’ when construing the meaning of disputed ambiguous contractual terms, the Supreme Court has ruled.”
OUT-LAW.com, 8th November 2011
Source: www.out-law.com
Rainy Sky SA and others v Kookmin Bank [2011] UKSC 50; [2011] WLR (D) 311
“When the term of a contract was capable of having two possible meanings which were both arguable, it was appropriate for the court to have regard to considerations of commercial common sense and to adopt the construction which was more, rather than less, commercial.”
WLR Daily, 2nd November 2011
Source: www.iclr.co.uk
“Small businesses welcome the proposed legislation but the UK legal profession views it as a threat to its dominance.”
The Guardian, 28th October 2011
Source: www.guardian.co.uk
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