Category: contracts

HLB Kidsons (a firm) v Lloyd’s Underwriters subscribing to Policy 621/ PKID00101 and others – WLR Daily

Posted November 7th, 2008 in contracts, insurance, law reports, negligence, notification by sally

HLB Kidsons (a firm) v Lloyd’s Underwriters subscribing to Policy 621/ PKID00101 and others; [2008] WLR (D) 344

“Where a professional indemnity insurance policy required the insured to notify to the insurers of any potential claims against the insured ‘as soon as practicable’ the insured could satisfy the policy requirement if he made an attempted notification of circumstances which might give rise to a claim for professional negligence, which was understood by the underwriters to be such and which was made within the insured period. However, a notification served after the policy had expired relating to new potential claims was not an effective notification.”

WLR Daily, 6th November 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.

Payout over film-maker’s damages – BBC News

Posted October 29th, 2008 in contracts, damages, film industry, news, repairs by sally

“A man has been awarded £79,000 after his home, which he rented out for a film starring Bond actor Daniel Craig, was damaged by a production company.”

Full story

BBC News, 28th October 2008

Source: www.bbc.co.uk

Calzaghe and Warren court fight – BBC News

Posted October 27th, 2008 in contracts, news, sport by sally

“A High Court legal fight has begun between world champ boxer Joe Calzaghe and his former manager Frank Warren.”

Full story

BBC News, 24th October 2008

Source: www.bbc.co.uk

WRU’s High Court player-row win – BBC News

Posted October 27th, 2008 in contracts, news, sport by sally

“The Welsh Rugby Union has won a High Court battle with Wales’ four regions over the player-release row.”

Full story

BBC News, 24th October 2008

Source: www.bbc.co.uk

Transsexual truck driver wins £20,000 after losing job – Daily Telegraph

Posted October 21st, 2008 in contracts, news, sex discrimination by sally

“A transsexual truck driver who was forced out of her job when she started dressing as a woman has been awarded more than £20,000 in compensation.”

Full story

Daily Telegraph, 21st October 2008 

Source: www.telegraph.co.uk

Inventor shouldn’t have terminated contract months after alleged breach, court rules – OUT-LAW.com

Posted October 21st, 2008 in contracts, news by sally

“The inventor of a car door latch was not entitled to walk away from a commercial agreement in the way that he did, the High Court has ruled. The terms of the deal had been broken at one point, but not when the inventor ended the agreement, the court said.”

Full story

OUT-LAW.com, 20th October 2008

Source: www.out-law.com

Reforming insurance contract law: two summaries of responses to consultation – Law Commission

Posted October 14th, 2008 in consultations, contracts, insurance, news by sally

“On 13 October 2008, the Law Commissions published a summary of responses on business insurance reform.”

Full story

Law Commission, 13th October 2008

Source: www.lawcom.gov.uk

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – Times Law Reports

Posted October 6th, 2008 in contracts, law reports, surveyors, valuation by sally

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc)

Court of Appeal

“A mortgage lender who instructed a surveyor to value a property as security, was entitled to damages from the surveyor for the losses suffered after the borrower defaulted on the loan, and it was discovered that the wrong property had been valued in breach of an unqualified obligation to inspect the particular property.”

The Times, 6th October 2008

Source: www.timesonline.co.uk

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

Judge slams Wembley dispute’s £22m costs total – The Lawyer

Posted October 6th, 2008 in building law, contracts, costs, news by sally

“A judge has hit out at the participants involved in a four-year dispute over the construction of Wembley Stadium after they racked up £22m in costs, including £1m on photocopying.”

Full story

The Lawyer, 6th October 2008

Source: www.thelawyer.com

Doorstep sellers must offer cancellation rights, even if invited to sell – OUT-LAW.com

Posted September 18th, 2008 in consumer protection, contracts, news, sale of goods by sally

“Consumers will be allowed to cancel contracts signed with door-to-door salesmen even when they have requested the visit to their home or office, under new Regulations that come into force in October.”

Full story

OUT-LAW.com, 17th September 2008

Source: www.out-law.com

Rapist sues landlady from prison – BBC News

Posted September 9th, 2008 in contracts, landlord & tenant, news by sally

“A hairdresser has said she hopes to appeal after a convicted rapist sued her from jail when she cleared out the flat he rented above one of her salons.”

Full story

BBC News, 9th September 2008

Source: www.bbc.co.uk

Cobbe v Yeoman’s Row Management Ltd and Another – Times Law Reports

Posted September 8th, 2008 in constructive trusts, contracts, estoppel, law reports by sally

Cobbe v Yeoman’s Row Management Ltd and Another

House of Lords

“Where the claimant had entered into an oral agreement with defendants in connection with the redevelopment of their property, their unconscionable behaviour in withdrawing from the agreement once planning permission for the redevelopment had been obtained did not result in a proprietary estoppel or a constructive trust in favour of the claimant.”

The Times, 8th September 2008

Source: www.timesonline.co.uk

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

Judge slaps Fasthosts for rubbish kit and support – OUT-LAW.com

Posted September 3rd, 2008 in contracts, damages, internet, news by sally

“A county court judge has awarded a disgruntled Fasthosts customer almost £1,500 in damages and costs, after the Gloucester firm failed to meet its uptime and customer service guarantees.”

Full story

OUT-LAW.com, 3rd September 2008

Source: www.out-law.com

Fees Matters – Contractual Terms Update – The Bar Council

Posted August 28th, 2008 in barristers, contracts, fees, news by sally

“The introduction of the new Contractual Terms of Work, as the standard basis upon which counsel will accept instructions from solicitors, has unfortunately been delayed until Autumn 2009.”

Full story

The Bar Council, 27th August 2008

Source: www.barcouncil.org.uk

Cobbe v Yeoman’s Row Management Ltd and another – WLR Daily

Posted August 18th, 2008 in constructive trusts, contracts, estoppel, law reports by sally

Cobbe v Yeoman’s Row Management Ltd and another [2008] UKHL 55; [2008] WLR (D) 293

“A claimant who had entered into an oral agreement with the defendants in respect of the redevelopment of a property had no claim against them in proprietary estoppel or constructive trust based on their unconscionable withdrawal from the agreement, but was entitled to a quantum meruit in respect of money and services which he had provided.”

WLR Daily, 15th August 2008

Source: www.lawreports.co.uk

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

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – WLR Daily

Posted August 4th, 2008 in contracts, law reports, surveyors, valuation by sally

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) [2008] EWCA Civ 930; [2008] WLR (D) 283

“A surveyor, instructed by a mortgage lender to value the property offered by the borrower as security for a loan, who certified that the property had been inspected and a fair valuation given, was liable in damages to the mortgage lender for losses suffered as a result of having valued the wrong property in breach of an unqualified obligation to inspect the specified property.”

WLR Daily, 1st August 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.

CTI Group Inc v Transclear SA – WLR Daily

Posted July 28th, 2008 in contracts, law reports, sale of goods by sally

CTI Group Inc v Transclear SA [2008] EWCA Civ 856; [2008] WLR (D) 254

“A contract for the sale by description of unascertained goods of a specified origin was not frustrated where although delivery of the goods remained physically and legally possible, the seller’s suppliers chose, for whatever reason, not to make them available.”

WLR Daily, 25th July 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.

QC sues publisher in reference book dispute – Legal Week

Posted July 24th, 2008 in contracts, news, publishing by sally

“Wilberforce Chambers’ David Phillips QC is set for a £300,000 battle with Reed Elsevier, after the publishers allegedly reneged on an agreement to provide him with a lifetime’s free access to a reference book.”

Full story

Legal Week, 24th July 2008

Source: www.legalweek.com

Reforming Insurance Contract Law – Law Commission

Posted May 29th, 2008 in consultations, contracts, insurance, news by sally

“On 28 May 2008, the Law Commission published a summary of responses to its Consultation Paper. The summary document reports the arguments that have been put to us on consumer insurance reform. A further paper will deal with business insurance reform. There is a wide consensus that consumer insurance law is in urgent need of reform – not only among consumer groups, lawyers and brokers, but also among most insurance companies.”

Full story

Law Commission, 28th May 2008

Source: www.lawcom.gov.uk

Office of Fair Trading v Abbey National plc and Others – Times Law Reports

Posted April 29th, 2008 in banking, consumer protection, contracts, law reports by sally

Office of Fair Trading v Abbey National plc and Others

Queen’s Bench Division

“Terms in standard form contracts between bank and customer providing for relevant charges were not exempt from assessment as to fairness.”

The Times, 29th April 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.