Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same – WLR Daily

Posted March 4th, 2008 in contracts, insurance, law reports by sally

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same [2008] EWCA Civ 150; WLR (D) 69

“Where the wording in a contract of reinsurance was the same as or equivalent to that in the underlying contract of insurance, the two contracts should be given the same construction unless there were clear indications to the contrary.”

WLR Daily, 3rd March 2008

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.

Scottish & Newcastle International Ltd v Othon Galanos Ltd – WLR Daily

Posted February 27th, 2008 in contracts, jurisdiction, law reports, sale of goods by sally

Scottish & Newcastle International Ltd v Othon Galanos Ltd [2008] UKHL 11; WLR (D) 61

“Where, under a contract for the sale of cider by the Scottish claimants to Cypriot defendants, with invoices giving Limassol as the “place of delivery”, the cider had been shipped from Liverpool to Limassol, the agreed place of delivery had been Liverpool and delivery of the goods had taken place at Liverpool for the purposes of art 5(1)(b) of Council Regulation (EC) No 44/2001.”

WLR Daily, 26th February 2008

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.

Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd – WLR Daily

Posted February 26th, 2008 in banking, contracts, debts, law reports, valuation by sally

Socimer International Bank Ltd (in liquidation) v Standard Bank London Ltd [2008] EWCA Civ 116; WLR (D) 58

“Where a commercial agreement obliged a creditor bank to determine the value of the assets of the defaulting debtor bank at the date of termination, the creditor bank’s obligation was to carry out an honest, but otherwise subjective valuation.”

WLR Daily, 25th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported the corresponding WLR Daily summary is removed.

Dentist in court fight over NHS reforms – The Independent

Posted February 26th, 2008 in contracts, dentists, news by sally

“An orthodontist is awaiting a judgment in the High Court on whether he can challenge his NHS dental services contract.”

Full story

The Independent, 26th February 2008

Source: www.independent.co.uk

Consumer group claims software licences are unfair – OUT-LAW.com

Posted February 25th, 2008 in consumer protection, contracts, news by sally

“Software licences are obscure, unbalanced and unfair, according to the National Consumer Council (NCC), which has filed a complaint with the Office of Fair Trading (OFT). It wants the OFT to force software publishers to use clearer licences.”

Full story

OUT-LAW.com, 25th February 2008

Source: www.out-law.com

New Guidance from Professional Practice Committee on VHCCs – The Bar Council

Posted February 18th, 2008 in barristers, contracts, fees, professional conduct by sally

“The Professional Practice Committee has produced advice on barristers’ obligations under the Code of Conduct in the light of the proposed changes to the VHCC Panel Scheme.”

Very High Cost Cases – Obligations under the Code of Conduct

The Bar Council, 15th February 2008

Source: www.barcouncil.org.uk

Tolkien heirs battle for share of movie profits – The Guardian

Posted February 13th, 2008 in contracts, film industry, news by sally

“A battle as epic, tortuous and heavy with peculiar jargon as any to have sprung from the pen of JRR Tolkien has been joined: this conflict, however, will not pit Orc against Hobbit, but legal wizard against legal wizard.”

Full story

The Guardian, 13th February 2008

Source: www.guardian.co.uk

The County Homesearch Co (Thames & Chilterns) Ltd v Cowham – WLR Daily

Posted February 4th, 2008 in agency, contracts, law reports, remuneration by sally

The County Homesearch Co (Thames & Chilterns) Ltd v Cowham [2008] EWCA Civ 26; [2008] WLR (D) 24

“As in the case of a seller’s agent, where the remuneration of a property buyer’s agent was a commission on exchange of contracts, then unless the agency contract indicated otherwise, a term was to be implied that he was not entitled to such commission unless his services were the effective cause of the transaction brought about. However, no such term was to be implied in the present case as it would be inconsistent with the express terms of the contract between the buyer’s agent and the buyer.”

WLR Daily, 1st February 2008

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.

C v D (London arbitration clause) – Times Law Reports

Posted January 16th, 2008 in arbitration, conflict of laws, contracts, law reports by sally

C v D (London arbitration clause)

Court of Appeal

“Although the governing law of a liability insurance contract was that of New York, where the contract contained a London arbitration clause, the parties were to be taken to have agreed that the arbitration award could be challenged only in English law proceedings because of the choice of London as the seat of the arbitration.”

The Times, 16th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Meretz Investments NV and another v ACP Ltd and others – WLR Daily

Posted December 13th, 2007 in contracts, law reports, mortgages, unlawful means conspiracy by sally

Meretz Investments NV and another v ACP Ltd and others [2007] EWCA Civ 1303

“Where a party did something which he was entitled to do because of his contractual right conferred by A, the fact that it resulted in a breach of B’s contract with A could not constitute unlawful means of which A could complain in an action for damages for unlawful means conspiracy.”

WLR Daily, 12th December 2007

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.

C v D – WLR Daily

Posted December 7th, 2007 in arbitration, conflict of laws, contracts, law reports by sally

C v D [2007] EWCA Civ 1282

“Parties to a liability insurance contract in the Bermuda form providing for the contract to be governed by New York law but with arbitration in London were to be taken as having agreed, by choosing London as the seat of the arbitration, that proceedings on the arbitration award were only those permitted by English law.”

WLR Daily, 6th December 2007

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.

Seeking new frontiers – Law Society’s Gazette

Posted December 7th, 2007 in contracts, Law Society, legal aid, legal services, news by sally

“Andrew Holroyd hails a landmark ruling for legal aid lawyers and the launch of the law society’s international division.”

Full story

Law Society’s Gazette, 6th December 2007

Source: www.lawgazette.co.uk

Society wins appeal against LSC contract – Law Society’s Gazette

Posted December 7th, 2007 in contracts, legal aid, legal services, news by sally

“New civil legal aid fees may have to be scrapped in light of the appeal court’s ruling last week that the Legal Services Commission’s (LSC) unified contract is unlawful.”

Full story

Law Society’s Gazette, 6th December 2007

Source: www.lawgazette.co.uk

Bar Council delays new fee contract scheme – The Lawyer

Posted September 4th, 2007 in barristers, contracts, fees, news, solicitors by sally

“The new fee contract between barristers and solicitors, which was due to be introduced on 1 October, is being delayed by a year.”

Full story

The Lawyer, 3rd September 2007

Source: www.thelawyer.com

Queen sends in lawyers over ‘royal rage’ film – Daily Telegraph

Posted August 13th, 2007 in contracts, media, news by sally

“The Queen has instructed her lawyers to take action over the way a BBC programme trailer misrepresented her by suggesting she had stormed out of a photo shoot.”

Full story

Daily Telegraph, 12th August 2007

Source: www.telegraph.co.uk

Insurance Contract Law – Law Commission

Posted July 17th, 2007 in consultations, contracts, insurance, warranties by sally

“On 17 July 2007 the Law Commission published jointly with the Scottish Law Commission a consultation paper on insurance contract law. We invite comments on provisional proposals to modernise the law relating to misrepresentation, non-disclosure and breach of warranty by the insured.”

Insurance Contract Law: Misrepresentation, Non-Disclosure and Breach of Warranty by the Insured (PDF)

Law Commission, 17th July 2007

Source: www.lawcom.gov.uk

Deal struck on the phone is binding, rules High Court – OUT-LAW.com

Posted July 11th, 2007 in contracts, news by sally

“An oral contract over the phone is binding, the High Court has ruled in a multi-million pound case which threatened to undermine the way the world of high finance operates. The verbal agreement did not have to be in writing, the court found.”

Full story

OUT-LAW.com, 10th July 2007

Source: www.out-law.com

Telephone trade as good as a written contract, High Court rules – The Times

Posted July 6th, 2007 in contracts, news by sally

“The City of London breathed a collective sigh of relief this afternoon as the High Court confirmed that despite major technological advancements and cultural changes, the principle of ‘my word is my bond’ was still relevant in the modern world.  In the first case of its kind, a judge ruled that an investment fund could not pull out of a financial transaction after circumstances made the deal substantially less attractive. ”

Full story

The Times, 6th July 2007

Source: www.timesonline.co.uk

Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd. – Times Law Reports

Posted May 18th, 2007 in carriage of goods, contracts, law reports by sally

Contract valid despite nonconformity

Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd.

House of Lords

“When a carrier accepted packages for transportation by road to another country, and the undertaking was performed to an extent, then there was a contract of carriage even if the carrier had unknowingly accepted packages which did not conform to its terms and conditions of carriage. Therefore the Convention on the Contract for the International Carriage of Goods by Road applied.”

The Times, 18th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Halpern and Another v Halpern and Others (No. 2) – Times Law Reports

Posted May 14th, 2007 in contracts, duress, law reports by sally

Counter-restitution not required

Halpern and Another v. Halpern and Others (No. 2) 

Court of Appeal

“It was not necessarily the case that a party wishing to obtain rescission of a contract on the ground of duress had to be able to provide counter-restitution. The Court of Appeal so stated, inter alia, when: (i) allowing an appeal by the defendants, Nochum Halpern, David Halpern, Bezalel Halpern, Akiva Halpern and Eshter Vaisfische, against a decision of Mr Justice Christopher Clarke in the commercial court ([2006] 2 All ER (Comm) 251) and (ii) allowing their appeal against a decision of Mr Nigel Teare, QC, sitting as a deputy Queen’s Bench Division judge ( The Times July 18, 2006; [2006] 3 WLR 946) on a preliminary issue whether rescission was available as a remedy for duress if substantial restitution could not be given.”

The Times, 14th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.