“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
“The Bar Council, which represents barristers in England and Wales, has warned of the dangers of adopting a European Sales Law, the latest legislative proposal by the European Commission which would introduce a second contract law into the laws of all Member States.”
The Bar Council, 11th October 2011
Source: www.barcouncil.org.uk
“Employment contracts are distinctive. The most obvious reason for this is statutory intervention. Statute regulates both the freedom of employers to select the individuals with whom they may make contracts of employmentand the terms of employment contracts. For example, in neither respect may the employer discriminate on grounds of sex, race, disability, etc.; and the contract must provide for a rate of pay greater than or equal to the national minimum wage.”
Full story (PDF)
11 KBW, 7th October 2011
Source: www.11kbw.com
“OPINION: Things go wrong in business – what matters is how a company reacts when they do.”
OUT-LAW.com, 6th October 2011
Source: www.out-law.com
“It has long been established that at common law a person cannot avoid liability for fraudulent statements by inserting a clause in the contract that the other party is not to rely upon them: S Pearson & Son Ltd v Dublin Corpn [1907] AC 351. However, fraudulent or reckless mis-representations are notoriously difficult to prove, not least because, although the civil standard of proof applies, cogent evidence will be required to establish the ‘misdemeanour’. And, of course, the relevant knowledge and/or documentation needed to satisfy the Court are likely to be within the representor’s control.”
Hardwicke Chambers, 30th September 2011
Source: www.hardwicke.co.uk
“Rollover contracts for landline and broadband customers are to be banned after the telecoms watchdog accused providers of locking households into long-term deals with little additional benefit.”
The Independent, 13th September 2011
Source: www.independent.co.uk
“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.”
OUT-LAW.com, 29th August 2011
Source: www.out-law.com
“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.”
The Guardian, 25th August 2011
Source: www.guardian.co.uk
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
“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.”
The Lawyer, 27th July 2011
Source: www.thelawyer.com
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