Category: contracts

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.

Office of Fair Trading v Abbey National plc and Others – WLR Daily

Posted April 25th, 2008 in banking, consumer protection, contracts, law reports by sally

Office of Fair Trading v Abbey National plc and Others [2008] EWHC 875 (Comm); [2008] WLR (D) 128

“Terms in standard form contracts between bank and customer providing for relevant charges were not exempt from assessment as to fairness under reg 6 of the Unfair Terms in Consumer Contracts Regulations 1999.”

WLR Daily, 25th April 2008

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

Legal victory for B&B owner who evicted Irving for being too moody – The Independent

Posted April 25th, 2008 in contracts, news by sally

“In his long history of legal calamity, David Irving has confronted and lost to courtroom adversaries from the publisher Penguin, to a British Second World War convoy commander, to the Austrian state. To that list can now be added Jennie Allen, the 60-year-old owner of a B&B in the genteel London suburb of Kew.”

Full story

The Independent, 25th April 2008

Source: www.indpendent.co.uk

TRM Copy Centres (UK) Ltd and ors v Lanwall Services Ltd – WLR Daily

Posted April 18th, 2008 in bailment, consumer credit, contracts, law reports by sally

TRM Copy Centres (UK) Ltd and ors v Lanwall Services Ltd [2008] EWCA Civ 382; [2008] WLR (D) 113

“The practice of placing machines on premises mainly for the use of persons other than the owner of the premises, who was paid a commission on its use, would not generally be a form of bailment by way of hire; it was necessary to look at the essential nature and commercial purpose of the agreement.”

WLR Daily, 17th April 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.

Sisters celebrate court bingo win – BBC News

Posted April 18th, 2008 in contracts, gambling, news by sally

“Two women who sued their sister for a share of a £50,000 bingo win have been awarded the money by a judge.”

Full story

BBC News, 17th April 2008

Source: www.bbc.co.uk

LSC and Law Society strike up unified legal aid contract – Legal Week

Posted April 10th, 2008 in contracts, legal aid, news, solicitors by sally

“The Law Society has resolved a long-running dispute with the Legal Services Commission (LSC) over the new unified contract for legal aid, after the LSC dropped a threat to usher in an entirely new contract.”

Full story

Legal Week, 10th April 2008

Source: www.legalweek.com

Government changes mind on contract rules – OUT-LAW.com

Posted April 8th, 2008 in contracts, EC law, news, treaties by sally

“The UK Government wants to sign up to a European Regulation which would standardise how the law is applied in cross-border contractual disputes, it has said. The Regulation, known as Rome I, replaces existing rules governing such disputes.”

Full story

OUT-LAW.com, 7th April 2008

Source: www.out-law.com

Aribisala v St James’ Homes (Grosvenor Dock) Ltd – Times Law Reports

Posted April 4th, 2008 in contracts, deposits, law reports, sale of land by sally

Aribisala v St James’ Homes (Grosvenor Dock) Ltd

Chancery Division

“The only real scope for the exercise of the court’s discretion, under section 49(2) of the Law of Property Act 1925, to order the return of a deposit, was when the purchaser of a property was unable to perform the contract; whereas, a purchaser would have the right to the return of the deposit when a vendor was unable to perform the contract.”

The Times, 4th 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.

Bar Council calls on LSC to ditch “failed” high cost contract – The Bar Council

Posted April 4th, 2008 in barristers, contracts, fees, legal services, press releases by sally

“The Bar Council, the professional body for over 15,000 barristers in England and Wales, has called on the Legal Services Commission (LSC) to abandon its proposed new contract for high cost criminal cases and to work together on the swift preparation of a better scheme.”

Full story

The Bar Council, 3rd April 2008

Source: www.barcouncil.org.uk

Wasa International Insurance Co Ltd v Lexington Insurance Co – Times Law Reports

Posted April 3rd, 2008 in contracts, environmental protection, insurance, law reports by sally

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same

Court of Appeal

“The English court would construe contracts of insurance and reinsurance to give effect to the intention of the parties to cover environmental damage, unless there were clear indications to the contrary.”

The Times, 3rd 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.

Barristers snub MoJ’s revised high-cost cases contract – Legal Week

Posted April 3rd, 2008 in barristers, contracts, costs, legal aid, news by sally

“Barristers have snubbed a second opportunity to join the Ministry of Justice (MoJ) very high-cost criminal cases (VHCC) panel, with only 110 barristers out of the 2,300 to be offered contracts signing up to the panel.”

Full story

Legal Week, 2nd April 2008

Source: www.legalweek.com

M. and J. Polymers Ltd v Imerys Minerals Ltd – Times Law Reports

Posted April 2nd, 2008 in contracts, law reports, penalties, sale of goods by sally

M. and J. Polymers Ltd v Imerys Minerals Ltd

Queen’s Bench Division

“A take-or-pay clause in a supply contract could, as a matter of principle, amount to a penalty.”

The Times, 2nd 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.

‘Cash martyr’ loses fee battle against BT – Daily Telegraph

Posted March 29th, 2008 in contracts, news, utilities by sally

“A woman nicknamed the ‘cash martyr’ has lost her legal battle to stop BT penalising customers who pay their bills by cash or cheque.”

Full story

Daily Telegraph, 29th March 2008

Source: www.telegraph.co.uk

Grosvenor Casinos Ltd v National Bank of Abu Dhabi – WLR Daily

Posted March 19th, 2008 in banking, contracts, law reports by sally

Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] EWHC 511 (Comm); [2008] WLR (D) 88

“The Uniform Rules for Collections 522 relating to international banking and collection processes did not create privity of contract between the principal and the collecting bank.”

WLR Daily, 18th 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.

Reinwood Ltd v L Brown & Sons Ltd – WLR Daily

Posted March 11th, 2008 in building law, contracts, law reports by sally

Reinwood Ltd v L Brown & Sons Ltd [2008] UKHL 12; WLR (D) 77

“Where under the JCT Standard Form of Building Contract, 1998 ed, Private with Quantities the architect granted the contractor an extension of time after the employer had served a withholding notice and paid under an interim certificate on the assumption that it had the right to rely on a non-completion certificate previously served, the grant of the extension of time did not deprive the employer of that right since it did not cancel the non-completion notice restrospectively.”

WLR Daily, 10th 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.

Small print causes big concerns – BBC News

Posted March 4th, 2008 in contracts, news by sally

“Small is far from beautiful, according to an MP seeking a new law to make small print in contracts bigger.”

Full story

BBC News, 4th March 2008

Source: www.bbc.co.uk

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.