Opinion – My womb is my bond: Why every surrogacy arrangement should incorporate a contract – Family Law

Posted February 11th, 2019 in children, contracts, families, human rights, news, parental rights, pregnancy, surrogacy by tracey

‘Researcher Rachel Cooper, who recently completed an MA in medical law at King’s College London, argues that every surrogacy arrangement should incorporate a contract.’

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Family Law, 11th February 2019

Source: www.familylaw.co.uk

Adjudication and insolvency – guidance from the Court of Appeal – Practical Law: Construction Blog

‘Summer 2018 will be remembered as a special time by many readers of this blog: whether it was the spectacular weather, the giddy heights hit by the England football team, or Fraser J’s decision in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (In Liquidation), it was a summer to remember.’

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Practical Law: Construction Blog, 6th February 2019

Source: constructionblog.practicallaw.com

Liquidators can use, but not enforce, adjudication in construction contracts – OUT-LAW.com

‘Companies in liquidation can theoretically refer claims to an adjudicator under construction law but it would be a futile exercise as the decision could not be enforced in most cases, the Court of Appeal in England has ruled.’

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OUT-LAW.com, 4th February 2019

Source: www.out-law.com

Does Cannon v Primus mean an end to general jurisdictional reservations? – Practical Law: Construction Blog

‘It was only published at the end of last week, so I’m not sure if you’ve had chance to look at Coulson LJ’s judgment in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd. If not, then you should. It contains some important stuff about liquidation and CVAs, and when it is appropriate (and possible) to adjudicate if the referring party is subject to one of those processes.’

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Practical Law: Construction Blog, 30th January 2019

Source: constructionblog.practicallaw.com

Practically complete or completely impractical? Navigating the pitfalls of what constitutes practical completion – Practical Law: Construction Blog

‘Many a construction dispute turns on defects. A significant subset of those turn on whether the existence of defects prevents practical completion from taking place. It’s not surprising that these situations are contentious: contractors are keen that practical completion is certified so as to avoid or limit their liability for liquidated damages, trigger the return of retention monies and, often, to bring about an assessment of sums they consider due under the final account. Employers may be understandably reluctant to take possession of a property which they consider defective and by resisting practical completion an employer can put pressure on a contractor by withholding sums that would otherwise become due. Practical completion is therefore an important concept in construction contracts, although one that is often not precisely defined, which can cause uncertainty and hinder the operation of the contract.’

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Practical Law: Construction Blog, 23rd January 2019

Source: constructionblog.practicallaw.com

Fraud case shows importance of internal investigations – OUT-LAW.com

Posted January 15th, 2019 in confidentiality, contracts, database right, employment, fraud, news, privilege by tracey

‘A recent High Court case demonstrates that companies will usually need to carry out their own internal investigations before being able to successfully obtain certain court orders in cases of suspected employee fraud, an expert has said.’

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OUT-LAW.com, 14th January 2019

Source: www.out-law.com

Damages for wrongful life refused – UK Human Rights Blog

Posted January 11th, 2019 in assisted reproduction, birth, contracts, damages, negligence, news, wrongful birth by sally

‘Legal policy in the UK has traditionally prohibited the granting of damages for the wrongful conception or birth of a child in cases of negligence. In this case the Court of Appeal has confirmed that this bar is equally applicable to a wrongful birth arising from a breach of contract.’

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UK Human Rights Blog, 10th January 2019

Source: ukhumanrightsblog.com

With friends like these…Burgess v Lejonvarn: Christmas cheer for construction professionals – Practical Law: Construction Blog

Posted December 20th, 2018 in appeals, budgets, construction industry, contracts, costs, duty of care, news by tracey

‘As we all get into the festive spirit you may well find yourself chatting to family or friends about their latest project. Some may ask for your opinion or advice. But don’t get carried away; remember the cautionary tale of Burgess v Lejonvarn before offering any free advice.’

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Practical Law: Construction Blog, 18th December 2018

Source: constructionblog.practicallaw.com

Father loses damages claim over forged IVF signature – The Guardian

‘A father whose ex-partner forged his signature to conceive a daughter has lost a damages action against a London IVF clinic at the court of appeal.’

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The Guardian, 17th December 2018

Source: www.theguardian.com

After Makdessi and GPP, the question is, are your LDs commercially viable? – Hardwicke Chambers

Posted December 14th, 2018 in construction industry, contracts, damages, news by sally

‘Liquidated damages (LD) clauses are a fixture of construction contracts. As we all know, they are a secondary obligations to pay an agreed sum of money, arising upon breach of a primary obligation of the contract. In the case of a construction contract, this will invariably be in the event of delay: the failure to complete the works by a specified date.’

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Hardwicke Chambers, 3rd December 2018

Source: hardwicke.co.uk

Synergy Gas Services v Northern Gas Heating [2018] EWHC 3060 (TCC) – Hardwicke Chambers

Posted December 12th, 2018 in construction industry, contracts, enforcement, news by sally

‘An adjudication decision was made in favour of Synergy Gas Services against Northern Gas Heating on 8 August 2018. The present case concerns an application by Synergy Gas Services for enforcement of the adjudication award.’

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Hardwicke Chambers, 3rd December 2018

Source: hardwicke.co.uk

James Green: High Court makes finding of serious irregularity in Rule K Arbitration – Littleton Chambers

Posted December 12th, 2018 in arbitration, contracts, employment, interpretation, news, sport by sally

‘The High Court last week handed down its judgment in Fleetwood Wanderers Limited v AFC Fylde Limited [2018] EWHC 3318 (Comm), holding that a Rule K Arbitration Award was marred by serious irregularity. The successful Claimant was represented by Paul Gilroy QC.’

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Littleton Chambers, 5th December 2018

Source: www.littletonchambers.com

General Mediterranean Holding SA SPF v Qucomhaps Holdings Ltd [2018] EWCA Civ 2416 – Hardwicke Chambers

Posted December 12th, 2018 in contracts, guarantees, news, surety by sally

‘GMH provided loans to Qucomhaps of around $4,000,000 to assist it in purchasing the business of the aircraft manufacturer, Moravan. Repayment was secured by a personal guarantee from Mr Harkin, Qucomhaps’ managing director. Further GMH was granted fixed and floating charges over the assets of Moravan Aviation, a wholly owned subsidiary of Qucomhap which had acquired the assets of Moravan.’

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Hardwicke Chambers, 28th November 2018

Source: hardwicke.co.uk

Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448 – Hardwicke Chambers

Posted December 12th, 2018 in building law, contracts, damages, dispute resolution, enforcement, news by sally

‘The Court of Appeal has recently upheld Coulson J’s judgment in Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448, confirming that an employer is entitled to refer to adjudication a dispute over the true value of a contractor’s interim payment application despite failing to serve a valid pay less notice. However, the Court also stressed that this entitlement to adjudication could only be exercised after the employer paid the sum due in the interim payment application.’

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Hardwicke Chambers, 15th November 2018

Source: hardwicke.co.uk

Letters of intent – what you need to know – Hardwicke Chambers

Posted December 12th, 2018 in construction industry, contracts, interpretation, news by sally

‘With the recent Court of Appeal decision in Arcadis Consulting v AMEC [2018] EWCA Civ 2222 highlighting the risks involved in working under a letter of intent, it is worth having a recap on this area of law.’

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Hardwicke Chambers, 5th November 2018

Source: hardwicke.co.uk

Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) – 4 New Square

Posted December 11th, 2018 in construction industry, contracts, housing, landlord & tenant, leases, news by sally

‘Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) concerned the development of student accommodation in Plymouth. Mears Limited (“Mears”) alleged that there were substantial and material deviations from the contractual drawings and sought declarations preventing the certification of practical completion, the practical effect of which was to allow Mears to terminate its agreement to take a lease of the accommodation.’

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4 New Square, 10th December 2018

Source: www.4newsquare.com

Harry Greenhouse v Paysafe Financial Services Limited – Blackstone Chambers

Posted December 11th, 2018 in Commercial Court, contracts, damages, gambling, news by sally

‘The Commercial Court has found in favour of Mr Greenhouse (represented by Andrew George QC and Daniel Cashman) on every issue before it, in relation to a contractual commission dispute in the gambling/electronic payment sector.’

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Blackstone Chambers, 30th November 2018

Source: www.blackstonechambers.com

Commercial Court upholds hot works “exclusion” in Contractor’s Liability Policy – Practical Law: Construction Blog

Posted November 27th, 2018 in appeals, Commercial Court, construction industry, contracts, fire, insurance, news by tracey

‘Aspen Insurance UK Ltd & Liberty Mutual Insurance Europe Ltd v Sangster and Annand Ltd is a case that concerns a fire at a Scottish hotel, and liability under a Contractor’s Liability Insurance policy. It was heard by HHJ Waksman QC (as he then was) in the Commercial Court in June and, earlier this week, the Court of Appeal refused permission to appeal.’

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Practical Law: Construction Blog, 23rd November 2018

Source: constructionblog.practicallaw.com

EE and Virgin Media fined £13.3m for overcharging customers – The Guardian

Posted November 16th, 2018 in consumer protection, contracts, fines, internet, news, telecommunications by tracey

‘Virgin Media and EE have been fined a combined £13.3m by the regulator Ofcom for overcharging nearly 500,000 phone and broadband customers who wanted to leave their contracts early.@

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The Guardian, 16th November 2018

Source: www.theguardian.com

North Midland Building v Cyden: apportioning risk for concurrent delay in the UAE – Practical Law: Construction Blog

‘In North Midland Building Ltd v Cyden Homes, the Court of Appeal held that parties to a construction contract are free to apportion risk in the event of concurrent delay.’

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Practical Law: Construction Blog, 7th November 2018

Source: constructionblog.practicallaw.com