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
“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
“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.”
OUT-LAW.com, 4th July 2011
Source: www.out-law.com
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.
“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.”
The Guardian, 26th May 2011
Source: www.guardian.co.uk
“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.”
OUT-LAW.com, 24th May 2011
Source: www.out-law.com
“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.”
OUT-LAW.com, 23rd May 2011
Source: www.out-law.com
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.
“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.
“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.
“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.’
The Guardian, 8th March 2011
Source: www.guardian.co.uk
“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’.”
Law Society’s Gazette, 3rd March 2011
Source: www.lawgazette.co.uk
“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.”
OUT-LAW.com, 24th February 2011
Source: www.out-law.com
“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.”
The Bar Council, 1st February 2011
Source: www.barcouncil.org.uk
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 [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.
“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”
Law Commission, 16th December 2010
Source: www.lawcom.gov.uk
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
“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.”
The Independent, 8th December 2010
Source: www.independent.co.uk
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