Company breached contract by sending mis-targeted marketing material without consent, High Court rules – OUT-LAW.com

Posted August 30th, 2011 in advertising, contracts, news by sally

“A company was entitled to terminate a marketing contract when the other company sent marketing emails to people from a bought-in, rather than just its own, mailing list, the High Court has ruled.”

Full story

OUT-LAW.com, 29th August 2011

Source: www.out-law.com

Government faces legal action by US firm over e-border system – The Guardian

Posted August 25th, 2011 in contracts, immigration, news, visas by sally

“The government is facing a £500m litigation suit from an American firm that was stripped of its contract to develop the country’s e-border system after ministers said it had failed to deliver.”

Full story

The Guardian, 25th August 2011

Source: www.guardian.co.uk

MacDonald and others v Costello and another – WLR Daily

Posted August 2nd, 2011 in appeals, contracts, law reports, restitution by sally

MacDonald and others v Costello and another [2011] EWCA Civ 930; [2011] WLR (D) 268

“Where building work was carried out pursuant to a contract made with a company for the benefit of its shareholders and directors, they were not liable in restitution for unjust enrichment when the company failed to make payments under the contract.”

WLR Daily, 29th July 2011

Source: www.iclr.co.uk

Supreme Court upholds CoA Lehman ruling using 200-year-old insolvency law – The Lawyer

Posted July 28th, 2011 in contracts, insolvency, news, Supreme Court by tracey

“A seven-strong panel of Supreme Court justices has dismissed an attempt by the trustees of Lehman Brothers to recoup £61m from noteholders, by upholding an insolvency law principle that has existed for 200 years.”

Full story

The Lawyer, 27th July 2011

Source: www.thelawyer.com

Barclays Bank plc v Nylon Capital LLP – WLR Daily

Posted July 22nd, 2011 in contracts, hedge funds, jurisdiction, law reports, partnerships by sally

Barclays Bank plc v Nylon Capital LLP [2011] EWCA Civ 826 ; [2011] WLR (D) 235

“In any case where a dispute arose as to the jurisdiction of an expert, a court was the final decision maker as to whether the expert had jurisdiction, even if a clause purported to confer that jurisdiction on the expert in a manner that was final and binding.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

William McIlroy (Swindon) Ltd and others v Quinn Insurance Ltd; Rannoch Investments Ltd v Same – WLR Daily

Posted July 22nd, 2011 in arbitration, contracts, insurance, law reports, time limits by sally

William McIlroy (Swindon) Ltd and others v Quinn Insurance Ltd; Rannoch Investments Ltd v Same [2011] EWCA Civ 825; [2011] WLR (D) 234

“A clause in a public liability insurance policy requiring the insured to seek arbitration within nine months of a dispute arising on the insurer’s liability did not operate to bar an insured person’s claim before he had any cause of action to bring a claim. The Court of Appeal so held allowing appeals by the first claimants, William McIlroy (Swindon) Ltd, Mackays Stores Ltd, Cathedral Works Organisation (Chichester) Ltd, and the second claimants, Rannoch Investments Ltd, from a decision of Edwards-Stuart J in the Technology and Construction Court finding as a preliminary issue that the claimants were barred by general condition 16 of their insurance contract from proceeding against the defendants, Quinn Insurance Ltd.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

Government will implement ECJ insurance ruling, but only for new insurance contracts – OUT-LAW.com

Posted July 4th, 2011 in contracts, EC law, insurance, news, sex discrimination by sally

“The UK Government is to abide by a European ruling on the use of gender in insurance, although it says the judgment goes against common sense.”

Full story

OUT-LAW.com, 4th July 2011

Source: www.out-law.com

Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10) – WLR Daily

Posted June 6th, 2011 in contracts, EC law, interpretation, jurisdiction, law reports, regulations by tracey

Berliner Verkehrsbetriebe (BVG) v JP Morgan Chase Bank NA (Case C-144/10);  [2011] WLR (D)  188

“The exclusive jurisdiction, conferred by article 22(2) of Council Regulation (EC) No 44/2001, on the courts of the member state in which a company had its seat, was confined to proceedings whose principal subject matter comprised the validity of the constitution, the nullity or the dissolution of the company, or the validity of the decisions of its organs. It did not apply to proceedings in which such an issue arose merely as a collateral question, for example where a company, sued by a bank to enforce a swap contract, sought to plead that the contract had been entered into invalidly in breach of the company’s own statutes.”

WLR Daily, 12th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ofcom bans three-year broadband and phone contracts – The Guardian

Posted May 26th, 2011 in consumer protection, contracts, news, telecommunications by sally

“Three-year broadband and phone contracts have been banned by the communications regulator Ofcom, with providers now only able to offer maximum contracts of two years. They must also make 12-month contracts available under the new regulations which bring the UK in line with EU telecoms law.”

Full story

The Guardian, 26th May 2011

Source: www.guardian.co.uk

Only companies put out of business can claim damages based on loss of value, says High Court – OUT-LAW.com

Posted May 24th, 2011 in company law, contracts, damages, news by sally

“A company cannot claim for a reduction in its value because of breach of contract unless it has gone out of business, the High Court has said. Damages in all other cases can be based only on the loss of profits caused by the breach, the Court said.”

Full story

OUT-LAW.com, 24th May 2011

Source: www.out-law.com

Contract can exist through actions and not words, High Court rules – OUT-LAW.com

Posted May 23rd, 2011 in charterparties, contracts, drafting, mistake, news by sally

“The actions of two companies can lead to a binding contract being formed even if there is a mistake in the terms of the contract itself, the High Court has ruled.”

Full story

OUT-LAW.com, 23rd May 2011

Source: www.out-law.com

BSB gives go ahead for barristers to sue solicitors over fees – Law Society’s Gazette

Posted May 6th, 2011 in barristers, contracts, fees, news, solicitors by sally

“The Bar Standards Board has given the green light for the introduction of standard contractual terms that will enable barristers to sue solicitors for unpaid fees.”

Full story

Law Society’s Gazette, 5th May 2011

Source: www.lawgazette.co.uk

Redcard Ltd and others v Williams and others – WLR Daily

Posted April 26th, 2011 in appeals, company law, contracts, doctors, law reports by sally

Redcard Ltd and others v Williams and others [2011] EWCA Civ 466; [2011] WLR (D) 145

“Under section 44 of the Companies Act 2006 a company document could validly be signed by signatories acting for the company even though the execution did not take place either with the common seal of the company or by expressly being signed ‘for or on behalf of the company’.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) – WLR Daily

Posted April 4th, 2011 in appeals, contracts, insurance, law reports by sally

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) [2011] EWCA Civ 328; [2011] WLR (D) 117

“A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid contract by which a person’s property was to remain his until bankruptcy but on such event was to pass to someone else and be taken away from his creditors.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) – WLR Daily

Posted March 17th, 2011 in contracts, EC law, law reports, public procurement, service by sally

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) (Case C–274/09); [2011] WLR (D) 88

“A contract concerning rescue services under which the operator was fully remunerated by persons other than the contracting authority awarding the contract and which placed a limited operating risk on the operator was classified as a ‘service concession’ within the meaning of article 1(4) of Parliament and Council Directive 2004/18/EC, as distinct from a public contract or public service contract within article 1(2)(a)(d).”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court of appeal clears bankers to sue Commerzbank over bonuses – The Guardian

Posted March 9th, 2011 in banking, contracts, news, remuneration by sally

“The court of appeal yesterday cleared the way for more than 100 investment bankers to sue Commerzbank over unpaid bonuses in one of the highest profile cases to emerge from the financial crisis.’

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

Landmark judgment highlights retainer letter lapse – Law Society’s Gazette

Posted March 4th, 2011 in contracts, fees, news, solicitors by sally

“A High Court judge warned solicitors of the need to be clear in retainer letters, as he ruled that a firm had breached its contract by refusing to carry out further work for a client until he had paid his bills, in a decision that the judge admitted ‘may seem harsh’.”

Full story

Law Society’s Gazette, 3rd March 2011

Source: www.lawgazette.co.uk

Consumer expectation the vital element in contract fairness, says OFT – OUT-LAW.com

Posted February 25th, 2011 in consumer protection, contracts, news by sally

“Companies whose small print changes the basis of consumer deals will face investigation by consumer regulator the Office of Fair Trading (OFT), it has said. According to the OFT, one in five consumers had experienced a contract problem in the last year.”

Full story

OUT-LAW.com, 24th February 2011

Source: www.out-law.com

Bar Council Calls for Restraint on EU Contract Plans – The Bar Council

Posted February 2nd, 2011 in consultations, contracts, EC law, news by sally

“The Bar Council, which represents barristers in England and Wales, has urged the European Commission to show restraint in considering new proposals on European contract law.”

Full story

The Bar Council, 1st February 2011

Source: www.barcouncil.org.uk

CLECE SA v Martín Valor and another – WLR Daily

Posted January 25th, 2011 in contracts, employment, law reports, transfer of undertakings by sally

CLECE SA v Martín Valor and another (Case C-463/09); [2011] WLR (D) 12

“Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees’ rights in the event of transfers of undertakings and businesses did not apply to a situation in which a municipal authority which had contracted out the cleaning of its premises to a private company decided to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring new staff for that purpose.”

WLR Daily, 24th January 2011

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.