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.

Robinson v PE Jones (Contractors) Ltd – WLR Daily

Robinson v PE Jones (Contractors) Ltd [2011] EWCA Civ 9; [2011] WLR (D) 4

“The builder/vendor of a building did not by reason of his contract to construct or to complete the building assume any liability in the tort of negligence in relation to defects in the building giving rise to purely economic loss.”

WLR Daily, 19th Janaury 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.

Insurance Contract Law – Law Commission

Posted December 17th, 2010 in contracts, insurance, press releases by sally

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 16th December 2010

Source: www.lawcom.gov.uk

Carroll v Kynaston – WLR Daily

Posted December 15th, 2010 in contracts, costs, damages, law reports by sally

Carroll v Kynaston [2010] EWCA Civ 1404; [2010] WLR (D) 325

“A party to a settlement agreement was not entitled to claim in a further action by way of damages the amount by which the costs awarded him fell short of the costs actually incurred by him.”

WLR Daily, 14th December 2010

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

Ricky Hatton settles £1.4m wages claim – The Independent

Posted December 10th, 2010 in compensation, contracts, news, remuneration, sport by sally

“Ex-boxer Ricky Hatton has settled a £1.4 million claim for unpaid wages from his former trainer. Hatton today reached an undisclosed but ‘mutually acceptable’ deal with Billy Graham on the third day of a hearing at Manchester’s Civil Justice Centre.”

Full story

The Independent, 8th December 2010

Source: www.independent.co.uk

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd – WLR Daily

Posted November 26th, 2010 in administration orders, conflict of laws, contracts, law reports, loans, news by sally

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd [2010] EWCA Civ 1335; [2010] WLR (D) 299

“Where, in the course of a contractual transaction, a document had been altered unilaterally, and the other party sought to rely on the rule in Pigot’s case in submitting that the underlying transaction was thereby rendered void, it was important to draw a distinction between documents which contained or evidenced the transaction and documents which were required to carry it into effect.”

WLR Daily, 25th November 2010

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.

Reforming insurance contract law – latest news – Law Commission

Posted November 19th, 2010 in consultations, contracts, insurance by sally

“We have published a summary of the responses to our Issues Paper 6 (Damages for Late Payment and the Insurer’s Duty of Good Faith).”

Full story

Law Commission, 18th November 2010

Source: www.lawcom.gov.uk

English court intervenes to stop Indian case going ahead – OUT-LAW.com

Posted November 11th, 2010 in arbitration, contracts, India, jurisdiction, news by sally

“An Indian solar panels manufacturer cannot continue legal action in India because to do so would undermine an earlier English court ruling, the High Court in London has ruled.”

Full story

OUT-LAW.com, 10th November 2010

Source: www.out-law.com

Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others – WLR Daily

Posted November 5th, 2010 in assignment, contracts, copyright, law reports, news by sally

Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others [2010] EWCA Civ 1222 ; [2010] WLR (D) 277

“An assignment of copyright which was subject to automatic reverter in the event of an unremedied notified material breach of contract prior to the expiration of the period of copyright was permitted by s 90 of the Copyright, Designs and Patents Act 1988.”

WLR Daily, 3rd November 2010

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.

Repudiatory breach cases should rest on principle, not precedent, says Court of Appeal – OUT-LAW.com

Posted November 1st, 2010 in contracts, news, rescission by sally

“Companies claiming that a business partner walked away from a contract should pay less attention to previous cases and more attention to the basic principals behind the law of repudiation, the Court of Appeal has said.”

Full story

OUT-LAW.com, 1st November 2010

Source: www.out-law.com

KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady) – WLR Daily

Posted October 22nd, 2010 in contracts, guarantees, law reports, sale of goods by sally

KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady)[2010] EWCA Civ 1145; [2010] WLR (D) 259

“There was no justification for implying a term in a contract for the sale of goods that goods which were accepted as complying with specification on loading at a seaport should be capable of remaining in an acceptable condition until unloaded at the end of a voyage. The contract specified that the buyer ‘assumes all risks pertaining thereto’. These included the risk of cargo instability. Were the term to be implied it would destroy certainty in the international sale of goods because the testing and certification of goods at the point of loading would always have to make way for a special implied term. Despite the huge inroads made first by the common law and then statute, the underlying principle remained caveat emptor, let the buyer beware.”

WLR Daily, 20th October 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH – WLR Daily

Posted October 14th, 2010 in arbitration, contracts, jurisdiction, law reports, setting aside by sally

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH [2010] EWCA Civ 1100; [2010] WLR (D) 246

“A party who had been named in arbitration proceedings could simply ignore the arbitration proceedings if he considered that he had not entered into the agreement and come to court to challenge the jurisdiction of the arbitral tribunal; but if he had taken part in the proceedings disputing the jurisdiction of the court or the tribunal’s exercise of their asserted substantive jurisdiction, his right was limited to challenging the award under s 67 of the Arbitration Act 1996.”

WLR Daily, 13th October 2010

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.

Kevin Pietersen fined by England for obscene Twitter outburst – The Guardian

Posted September 7th, 2010 in contracts, disciplinary procedures, fines, news, sport by sally

” Kevin Pietersen has been fined over his foul-mouthed outburst on Twitter last week. The England batsman had reacted angrily to being left out of the England squad for the one-day and Twenty20 series against Pakistan.”

Full story

The Guardian, 6th September 2010

Source: www.guardian.co.uk

Compass sues NHS trust for £2.3m in row over out-of-date ketchup – Daily Telegraph

Posted September 3rd, 2010 in contracts, fines, food, hospitals, news, penalties by sally

“Compass has filed a £2.3m lawsuit against an NHS trust amid claims the catering group faced ‘grossly exaggerated’ penalties for minor contract failures including holding a fire door open with a spoon and supplying out-of-date tomato ketchup.”

Full story

Daily Telegraph, 2nd September 2010

Source: www.telegraph.co.uk

European Contract Law: chance to have your say – Ministry of Justice

Posted August 20th, 2010 in consultations, contracts, EC law, Ministry of Justice, press releases by sally

“The Government has today launched a Call for Evidence seeking views on the European Commission’s Green Paper on potential changes to contract law.”

Full press release

Ministry of Justice, 18th August 2010

Source: www.justice.gov.uk

BBC facing human rights battle with Top Gear’s The Stig – Daily Telegraph

Posted August 20th, 2010 in BBC, confidentiality, contracts, media, news, publishing by sally

“The BBC is facing a human rights battle with ‘The Stig’, the mystery stunt driver on Top Gear, in an effort to stop him disclosing his identity.”

Full story

Daily Telegraph, 19th August 2010

Soruce: www.telegraph.co.uk

Minor breaches of contract can combine to make major breach, rules Court of Appeal – OUT-LAW.com

Posted August 11th, 2010 in contracts, news by sally

“When consulting and IT firm Accenture made a number of small breaches of the terms of a contract this could add up to a major breach with potentially costly consequences, the Court of Appeal has ruled.”

Full story

OUT-LAw.com, 11th August 2010

Source: www.out-law.com

Battle of the forms ends without terms and conditions victor – OUT-LAW.com

Posted August 3rd, 2010 in contracts, news by sally

“The failure of two companies to agree whose terms and conditions governed the sale of a consignment of goods means that neither company’s terms can be enforced, the High Court has said.”

Full story

OUT-LAW.com, 2nd August 2010

Source: www.out-law.com