contracts – Page 42 – Current Awareness

Standard Chartered Bank v Ceylon Petroleum Corporation – WLR Daily

Posted July 31st, 2012 in appeals, banking, contracts, international trade, law reports by sally

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

MPs to investigate ‘underperforming’ firm awarded £300m court monopoly – The Guardian

Posted July 20th, 2012 in contracts, courts, interpreters, news by sally

“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.”

Full story

The Guardian, 20th July 2012

Source: www.guardian.co.uk

Keay and another v Morris Homes (West Midlands) Ltd – WLR Daily

Posted July 16th, 2012 in appeals, contracts, law reports, sale of land by sally

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 – WLR Daily

Posted July 9th, 2012 in consumer protection, contracts, EC law, internet, law reports by sally

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 fined £1.9m over bribery by African subsidiary firms – The Guardian

Posted July 4th, 2012 in bribery, contracts, corruption, news by sally

“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.”

Full story

The Guardian, 3rd July 2012

Source: www.guardian.co.uk

Proposed new law would make it harder for insurers to avoid contracts – OUT-LAW.com

Posted June 28th, 2012 in consultations, contracts, insurance, news by sally

“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.”

Full story

OUT-LAW.com, 27th June 2012

Source: www.out-law.com

Oxford don’s legal fight over price rise signals trouble for phone giant – The Independent

Posted June 8th, 2012 in consumer protection, contracts, news, telecommunications by sally

“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.”

Full story

The Independent, 7th June 2012

Source: www.independent.co.uk

The Scope of Arbitration Agreements – No. 5 Chambers

Posted June 7th, 2012 in arbitration, contracts, news by sally

“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 – WLR Daily

Posted June 6th, 2012 in appeals, contracts, land registration, law reports, rectification by sally

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

Unfair contract terms mean bookmaker cannot rely on online term for loss-making trades made by boy, High Court rules – OUT-LAW.com

Posted May 30th, 2012 in consumer protection, contracts, gambling, internet, news by sally

“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.”

Full story

OUT-LAW.com, 29th May 2012

Source: www.out-law.com

Sulamérica Cia Nacional de Seguros SA and others v Enesa Engenharia SA and others – WLR Daily

Posted May 18th, 2012 in arbitration, conflict of laws, contracts, injunctions, insurance, law reports by sally

Sulamérica Cia Nacional de Seguros SA and others v Enesa Engenharia SA and others [2012] EWCA Civ 638; [2012] WLR (D) 148

“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

Appeal court backs law firm in ‘you’re fired’ retainer row – Law Society’s Gazette

Posted May 3rd, 2012 in appeals, contracts, costs, fees, news, solicitors by sally

“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.”

Full story

Law Society’s Gazette, 2nd May 2012

Source: www.lawgazette.co.uk

CoA pilots mediation scheme in bid to cut litigation costs – The Lawyer

Posted April 5th, 2012 in arbitration, contracts, courts, news, personal injuries by sally

“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.”

Full story

The Lawyer, 4th April 2012

Source: www.thelawyer.com

New Pilot To Show Mediation Can Work For The Court Of Appeal – Judiciary of England and Wales

Posted April 2nd, 2012 in appeals, contracts, dispute resolution, litigants in person, news, personal injuries, pilot schemes by sally

“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.”

Full story

Judiciary of England and Wales, 30th March 2012

Source: www.judiciary.gov.uk

F1 team wins High Court copyright ruling but is ordered to pay substantial unpaid debts – OUT-LAW.com

“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.”

Full story

OUT-LAW.com, 26th March 2012

Source: www.out-law.com

Letters to the Legal Services Board – The Bar Council

Posted March 16th, 2012 in barristers, contracts, press releases by sally

“Update for the profession: the Chairman of the Bar Council has written to the Chief Executive and Business Planning Associate at the Legal Services Board (LSB) to offer the Bar’s view on the proposed New Contractual terms and the LSB’s Draft Strategic and Business Plan 2012-15 respectively.”

Full press release

The Bar Council, 15th March 2012

Source: www.barcouncil.org.uk

Ofcom acts to protect mobile users from ‘bill shock’ – The Guardian

Posted March 12th, 2012 in consumer protection, contracts, news, ombudsmen, telecommunications by sally

“Watchdog sets deadline for mobile operators to introduce maximum liability caps for phone contracts.”

Full story

The Guardian, 9th March 2012

Source: www.guardian.co.uk

Court orders £100,000 for ‘botched’ facelift – Daily Telegraph

Posted March 12th, 2012 in compensation, contracts, cosmetic surgery, negligence, news by sally

“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.”

Full story

Daily Telegraph, 10th March 2012

Source: www.telegraph.co.uk

Appeal upheld over rare vintage Bentley – BBC News

Posted March 9th, 2012 in appeals, contracts, news, sale of goods, trade descriptions by sally

“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.”

Full story

Daily Telegraph, 9th March 2012

Source: www.telegraph.co.uk

Back to Basics: A Practical Guide to Adjudication and Enforcement – Hardwicke Chambers

Posted February 15th, 2012 in construction industry, contracts, dispute resolution, news by sally

“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.”

Full story

Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk