Contract law does not bind ‘Part 36’ offers to settle, rules Court of Appeal – OUT-LAW.com

Posted July 3rd, 2010 in appeals, civil procedure rules, contracts, news, part 36 offers by sally

“An offer to settle court proceedings that is made under Part 36 of the Civil Procedure Rules in England and Wales can still be accepted after it has been rejected, unless a formal withdrawal has been made, the Court of Appeal has ruled.”

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OUT-LAW.com, 2nd July 2010

Source: www.out-law.com

Prince of Wales intervention in Chelsea Barracks ‘unwelcome’ says judge – Daily Telegraph

Posted June 25th, 2010 in contracts, news, planning, royal family by sally

“The Candy Brothers have won their High Court bid to prove Qatari architects were wrong to withdraw plans for the redevelopment of Chelsea Barracks following an intervention by the Prince of Wales.”

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Daily Telegraph, 25th June 2010

Source: www.telegraph.co.uk

Geldof Metaalconstructie NV v Simon Carves Ltd – WLR Daily

Posted June 15th, 2010 in appeals, contracts, damages, law reports, set-off by sally

Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667; [2010] WLR (D) 146

“A defendant was entitled to set off against the claimant’s claim under an installation contract a counterclaim under a separate supply contract, because the claimant had itself linked the two contracts by demanding payment of invoices under the supply contract as a condition of continuing performance of the installation contract. In addition, the supply contract contained a right to set-off clause which went further than the common law in permitting the defendant to set off “any amounts lawfully due” against the purchase price.”

WLR Daily, 14th June 2010

Source:

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

Judge replaced in Chelsea barracks case – Daily Telegraph

Posted May 17th, 2010 in contracts, judges, news by sally

“The case has caused a stir because correspondence from the Prince of Wales will be used as evidence, in what has become a row over the most expensive piece of land in Britain and an argument between modernist and traditional architects.”

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Daily Telegraph, 17th May 2010

Sourc: www.telegraph.co.uk

Software company’s liability clause was not ‘reasonable’, says High Court – OUT-LAW.com

Posted May 12th, 2010 in contracts, exclusion clauses, news, unfair contract terms by sally

“A software company’s stipulation that customers could not take action against it for the poor performance of its software was unfair and could not be enforced, the High Court has said.”

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OUT-LAW.com, 11th May 2010

Source: www.out-law.com

Barristers could have right to sue solicitors for unpaid fees – Law Society’s Gazette

Posted May 6th, 2010 in barristers, contracts, fees, Law Society, legal profession, news, solicitors by sally

“Barristers would be able to sue solicitors for unpaid fees under proposals published by the Bar Council last week to put the relationship between the two professions on a more commercial footing.”

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Law Society’s Gazette, 6th May 2010

Source: www.lawgazette.co.uk

Employment Appeal Tribunal issues TUPE judgment on contract wins – Law Society’s Gazette

Posted April 29th, 2010 in contracts, employment tribunals, law firms, news, transfer of undertakings by sally

“The first case to reach the Employment Appeal Tribunal concerning a dispute between two law firms over the employment law implications of winning a client contract from another firm has provided ‘much-needed clarification’ on the issue, experts have said.”

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Law Society’s Gazette, 29th April 2010

Source: www.lawgazette.co.uk

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA – WLR Daily

Posted April 26th, 2010 in appeals, contracts, law reports, summary judgments by sally

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA [2010] EWCA Civ 397; [2010] WLR (D) 100

“Where an application for summary judgment turned on the terms of a written contract, it did not follow that the factual matrix of the contractual relationship could only be determined by a full trial with discovery, evidence and cross-examination of witnesses. If there was no conflict of evidence on a relevant point of background matrix, it was only when there really were reasonable grounds for supposing that a fuller investigation of the facts as to the background might make a difference to construction that the court should decline to construe the contract on a summary judgment (including a strike out) application.”

WLR Daily, 23rd April 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.

VC firm accused of stealing business plan must pay damages, not profits – OUT-LAW.com

Posted March 31st, 2010 in confidentiality, contracts, damages, news by sally

“A venture capital company that breached the confidentiality of businessmen who came to it with a proposition should only have to pay damages as compensation and not a share of their profits from the deal, the High Court has ruled.”

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OUT-LAW.com, 29th March 2010

Source: www.out-law.com

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Co KG (UK Production) – WLR Daily

Posted March 12th, 2010 in contracts, law reports, Supreme Court by sally

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Co KG (UK Production) [2010] UKSC 14; [2010] WLR (D) 75

“A draft contractual agreement to install equipment in a factory, which was never executed as the work was commenced, completed and partly paid for during the negotiations, took effect as a binding contract as the essential terms had been agreed and neither party had intended agreement of the remaining terms to be a precondition to a concluded contract. Although the draft agreement contained a clause stating that the contract was not effective until it was executed, it was possible for parties to waive such a clause and, on the facts, these parties had done so.”

WLR Daily, 11th March 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.

Contract was in place because companies behaved as if it was, says Supreme Court – OUT-LAW.com

Posted March 12th, 2010 in contracts, news, Supreme Court by sally

“A deal was governed by a contract despite the two companies involved not actually signing and exchanging copies of it, the Supreme Court has ruled. The contract is in effect because the firms behaved as if it was, it said.”

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OUT-LAW.com, 11th March 2010

Source: www.out-law.com

Pink Floyd win EMI court battle over online sales – BBC News

Posted March 11th, 2010 in contracts, intellectual property, internet, news by sally

“Pink Floyd have won a court battle with record label EMI over how their music is sold over the internet.”

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BBC News, 11th March 2010

Source: www.bbc.co.uk

Contractual interest on damages does contribute to capped sum, rules High Court – OUT-LAW.com

Posted March 4th, 2010 in contracts, damages, insurance, interest, news by sally

“A contract’s liability cap applies to interest on payments that is part of that contractual agreement but does not apply to statutory interest applied by a court, the High Court has said.”

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OUT-LAW.com, 4th March 2010

Source: www.out-law.com

Government publishes international contract law guidance – OUT-LAW.com

Posted March 1st, 2010 in contracts, international law, Ministry of Justice, news by sally

“The Ministry of Justice has published guidance to European Regulations on which law applies in international disputes. The guidance relates to new rules that came into force in December.”

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OUT-LAW.com, 26th February 2010

Source: www.out-law.com

Rooney due to give evidence in £4.3m fight – The Independent

Posted February 12th, 2010 in contracts, news, sport by sally

“Wayne Rooney will give evidence in court later today as he fights a £4.3 million lawsuit. The Manchester United and England striker will be questioned over his involvement with controversial football agent Paul Stretford, who represented the player for six years.”

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The Independent, 12th February 2010

Source: www.independent.co.uk

OFT to test e-commerce contracts for fairness – OUT-LAW.com

Posted February 11th, 2010 in consumer protection, contracts, electronic commerce, news by sally

“Consumer protection regulator the Office of Fair Trading (OFT) has launched an investigation into whether complex contracts for goods and services are unfair to consumers. The investigation will particularly focus on online transactions.”

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Out-Law.com, 9th February 2010

Source: www.out-law.com

HP ordered to pay £200m within two weeks in interim damages ruling – OUT-LAW.com

Posted February 8th, 2010 in contracts, damages, news, tenders by sally

“The High Court has ordered Hewlett-Packard to pay BSkyB £200 million in interim damages, according to press reports. The interim award follows a ruling last week over a contract tendering process.”

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OUT-LAW.com, 3rd February 2010

Source: www.out-law.com

BSkyB ruling will not transform IT procurement, says expert – OUT-LAW.com

Posted January 28th, 2010 in contracts, fraud, misrepresentation, negligence, news by sally

“IT companies will not have to conduct a total overhaul of their sales processes in the aftermath of a long-awaited court ruling this week, a technology law expert has said. The ruling focused on the dishonesty of one employee, not a whole company.”

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OUT-LAW.com, 28th January 2010

Source: www.out-law.com

BSkyB wins long-running court battle over failed IT upgrade project – The Times

Posted January 27th, 2010 in contracts, misrepresentation, news by sally

“BSkyB, the satellite broadcaster, won a landmark court ruling yesterday against an information technology supplier that it had accused of lying to win a £50 million tender.”

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The Times, 27th January 2010

Source: www.timesonline.co.uk

Bath Spa: Council paid £4m compensation for delay – BBC News

Posted December 9th, 2009 in building law, compensation, contracts, delay, news by sally

“Bath and North East Somerset Council was paid at least £4.17m in compensation for the delayed Bath Spa Project, its accounts have revealed.”

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BBC News, 9th December 2009

Source: www.bbc.co.uk