“All for one and one for all” when it comes to severing an adjudicator’s decision – Practical Law: Construction Blog

Posted November 20th, 2019 in construction industry, contracts, dispute resolution, enforcement, news, Scotland by sally

‘Round one was an adjudication enforcement application before Lord Doherty in the Scottish courts. The contractor (Dickie & Moore) had succeeded in an adjudication and, when the adjudicator’s decision went unpaid, issued court proceedings to get its money.’

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Practical Law: Construction Blog, 19th November 2019

Source: constructionblog.practicallaw.com

Refreshing legal clarity on cryptocurrencies and smart contracts – Technology Law Update

Posted November 20th, 2019 in computer programs, contracts, cryptocurrencies, electronic commerce, news by sally

‘A UK Government-backed task force has reviewed the status of cryptocurrencies and smart contracts under the existing law. In a new Legal Statement, they offer some welcome clarity to these evolving technologies.’

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Technology Law Update, 19th November 2019

Source: www.technology-law-blog.co.uk

Push Payment Fraud: Singularis v Daiwa – Case Analysis – Forum Chambers

Posted November 19th, 2019 in banking, contracts, fiduciary duty, fraud, news by sally

‘In Barclays Bank plc v Quincecare Ltd [1992] 4 All ER, Steyn J held that it was an implied term of the contract between a bank and a customer that the bank would use reasonable care and skill in and about executing the customer’s order. This term would be breached if the bank executed the order knowing it to be dishonestly given, or shut its eyes to the obvious fact of the dishonesty, or acted recklessly in failing to make such enquiries as an honest and reasonable man would make. In order to comply with that term, the bank should refrain from executing a customer’s order if and for so long as it was put on inquiry by having reasonable grounds for believing that the order was an attempt to misappropriate funds.’

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Forum Chambers, 19th November 2019

Source: www.forumchambers.com

Digital assets “are property” under English law – Legal Futures

Posted November 19th, 2019 in consultations, contracts, cryptocurrencies, electronic commerce, jurisdiction, news by sally

‘Blockchain and smart contracts were given a major boost towards becoming a standard method for securely storing and transferring cryptoassets yesterday, when the expert panel charged with giving the technology legal certainty decided they should be treated in principal as property.’

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Legal Futures, 19th November 2019

Source: www.legalfutures.co.uk

AI – a tool for the law, or its digital master? – UK Human Rights Blog

Posted November 19th, 2019 in artificial intelligence, contracts, electronic commerce, news, podcasts by sally

‘In the latest Henry Brooke Lecture (12th November, hosted by BAILII and Freshfields Bruckhaus Deringer), Supreme Court Justice Lord Sales warned that the growing role of algorithms and artificial intelligence in decision making poses significant legal problems.’

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UK Human Rights Blog, 18th November 2019

Source: ukhumanrightsblog.com

Defendant pays an extra £65,000 after fractional Part 36 defeat – Law Society’s Gazette

Posted November 15th, 2019 in contracts, costs, damages, interest, news, part 36 offers by tracey

‘A losing party has been ordered to pay an extra £65,000 after declining to settle a case over a difference amounting to less than £5,000.’

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Law Society's Gazette, 15th November 2019

Source: www.lawgazette.co.uk

Court overturns CVA supervisors’ decisions to reject creditors’ proofs of debt – OUT-LAW.com

Posted November 14th, 2019 in contracts, debts, insolvency, news by tracey

‘The High Court in England has overturned decisions made by supervisors of a company voluntary arrangement (CVA) to reject creditors’ proof of debt for dividend purposes.’

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OUT-LAW.com, 11th November 2019

Source: www.pinsentmasons.com

New Balance fails to equalise in sponsorship dispute – Practical Law: Construction Blog

Posted November 14th, 2019 in contracts, interpretation, news, sport by tracey

‘In a step change from the days of Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd (trading as Medirest) in which the Court of Appeal rejected the notion of a general doctrine of good faith, many construction contracts now include an express requirement to act in “good faith”.’

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Practical Law: Construction Blog, 13th November 2019

Source: constructionblog.practicallaw.com

Sharing the pain: considerations for joint venture participants – Practical Law: Construction Blog

Posted November 14th, 2019 in construction industry, contracts, joint ventures, news by tracey

‘Both contractors and developers often enter into joint ventures to carry out a specific project. It enables parties to bid on larger projects, pool their resources, including specialised knowledge, and spread risk across the participants. The recent decision in Doosan Enpure Ltd v Interserve Construction Ltd serves as a reminder to participants in construction joint ventures of the potential pitfalls of intra-JV disputes.’

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Practical Law: Construction Blog, 13th November 2019

Source: constructionblog.practicallaw.com

Speech by Sir Geoffrey Vos, The Chancellor of the High Court: the annual COMBAR lecture – Courts and Tribunals Judiciary

‘Speech by Sir Geoffrey Vos, The Chancellor of the High Court: the annual COMBAR lecture.’

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Courts and Tribunals Judiciary, 13th November 2019

Source: www.judiciary.uk

Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia – Supreme Court

‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’

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Supreme Court, 5th November 2019

Source: www.supremecourt.uk

Bailing Out Lehman Brothers? – Littleton Chambers

Posted October 31st, 2019 in contracts, interpretation, mistake, news, restitution by sally

‘Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) is another reminder of the flexibility of contractual construction as an alternative to rectification for subjective mistakes.’

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Littleton Chambers, 1st October 2019

Source: www.littletonchambers.com

Signing Off and Signatures in the Digital Age: Neocleous & Anor v Rees [2019] EWHC 2462 (Ch) – Hardwicke Chambers

Posted October 31st, 2019 in contracts, electronic mail, news, rights of way, sale of land by sally

‘Section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 (‘the 1989 Act’) provides that a contract for the sale or other disposition of an interest in land can only be made in writing. Under section 2(3), the documents incorporating the terms must be signed by or on behalf of each party to the contract.’

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Hardwicke Chambers, 15th October 2019

Source: hardwicke.co.uk

Ocean Outdoor v London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 – Monckton Chambers

Posted October 30th, 2019 in appeals, contracts, damages, local government, news, public procurement, sale of land by sally

‘In a major judgment handed down by the Court of Appeal last week, Coulson LJ has given important guidance on the scope of the Concessions Contract Regulations 2016 (“the CCRs”), the extent of the land transaction exemption, and the requirements for claimants to show ‘sufficiently serious breach’ in procurement claims more generally. This was the first case to consider the CCRs in such a level of detail, and – in a ruling likely to be welcomed by public authorities – the meaning of ‘concession contract’ for the purposes of the Regulations is construed relatively narrowly, with the land transaction exemption given a conversely generous interpretation. The judge’s comments on the hurdles which a claimant must surmount to be awarded Francovich damages for breaches of procurement law also have a notably pro-defendant slant.’

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Monckton Chambers, 16th October 2019

Source: www.monckton.com

New law “to put more pressure” on solicitors’ NDA advice – Legal Futures

‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’

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Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

Liverpool win High Court case against New Balance paving way for new Nike kit deal – The Independent

Posted October 25th, 2019 in contracts, interpretation, news, sport by sally

‘Liverpool FC have won a High Court battle over a multimillion-pound sponsorship deal with American sportswear giant New Balance.’

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The Independent, 25th October 2019

Source: www.independent.co.uk

Blockchain offers the law “enormous opportunities” – Legal Futures

Posted October 24th, 2019 in contracts, conveyancing, electronic commerce, legal services, news, probate by sally

‘The buzz around distributed ledger technology (DLT), including blockchain, is much more than hype and the tech will eventually transform conveyancing and probate, an academic specialising in innovation has indicated.’

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Legal Futures, 24th October 2019

Source: www.legalfutures.co.uk

Considering crystallisation: what dispute should (or can) you refer to adjudication? – Practical Law: Construction Blog

Posted October 22nd, 2019 in construction industry, contracts, dispute resolution, jurisdiction, news by tracey

‘It’s a scenario we see all too often. Employer meets contractor. Employer and contractor enter into a contract and, for a while, everything seems rosy. Then, as the project progresses, unresolved claims start escalating and the relationship deteriorates. Inevitably, the parties’ minds turn to adjudication, and the potential recourse that they may find there.’

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Practical Law: Construction Blog, 21st October 2019

Source: constructionblog.practicallaw.com

UK court considers validity of payment notices under ‘hybrid’ contracts – OUT-LAW.com

Posted October 14th, 2019 in construction industry, contracts, estoppel, news by tracey

‘The High Court has provided guidance to parties on the application of the payment provisions in the 1996 Housing Grants, Construction and Regeneration Act (“Construction Act”) to “hybrid” contracts, which cover both construction and non-construction operations.’

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OUT-LAW.com, 10th October 2019

Source: www.pinsentmasons.com

David Cameron’s National Citizen Service sued for £22m for breach of contract threatening youngsters’ placements – Daily Telegraph

Posted October 14th, 2019 in charities, contracts, health & safety, news, young persons by tracey

‘One of the central planks of David Cameron’s Prime Ministerial legacy is facing serious trouble, accused of putting hundreds of jobs and the hopes of thousands of young people at risk. The body that runs the National Citizen Service (NCS) – founded by Prime Minister Cameron in 2011 as a modern-day national service for school leavers – is being sued for £22 million by its largest provider of services, after it was forced to make staff redundant and cut the number of placements it runs.’

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Daily Telegraph, 12th October 2019

Source: www.telegraph.co.uk