‘A judge was wrong to rule that solicitors had reached a binding compromise on a piece of litigation, when their correspondence had expressly been “subject to contract”, the Court of Appeal has decided.’
Litigation Futures, 23rd November 2020
Source: www.litigationfutures.com
‘In Primus International Holding Company & Ors v Triumph Controls – UK Ltd & Anor [2020] EWCA Civ 1228, the Court of Appeal grappled with the proper interpretation of “goodwill” in a commercial contract, considering the natural meaning of “goodwill” in the commercial context and the definition prevalent in accounting practice. The case provides a useful reminder of the approach taken by the courts when construing contracts, highlighting the need for parties to spell out clearly their intended meaning of a term in their contractual agreement if they wish to depart from its ordinary and natural meaning.’
Hardwicke Chambers, 4th November 2020
Source: hardwicke.co.uk
‘The competition watchdog has imposed a £17.9m fine on price comparison site Comparethemarket.com after it found that clauses in its contracts with home insurers broke competition law.’
The Guardian, 19th November 2020
Source: www.theguardian.com
‘The recent decision of the High Court in Winlink Marketing Limited v Liverpool Football Club [2020] EWHC 2271 may have long lasting consequences for agents and intermediaries in facilitating and introducing parties to high-value sponsorship deals.’
2 Hare Court, 2nd November 2020
Source: www.2harecourt.com
‘The coronavirus pandemic has led to ongoing widespread business disruption and closures with a second national lockdown commencing this week. As such, certainty over whether business can bring claims under their business interruption (“BI”) insurance policies could not be more important.’
12 King's Bench Walk, 2nd November 2020
Source: www.12kbw.co.uk
‘A consortium of construction companies has failed in an appeal over a High Court judge’s dismissal of its claim for a declaration that the decision of an independent expert in relation to a revised section 106 agreement was not conclusive and binding on the parties.’
Local Government Lawyer, 16th November 2020
Source: www.localgovernmentlawyer.co.uk
‘This was RB Kingston upon Thames’ appeal of the High Court’s finding that it was a “water reseller” under the Water Resale Orders 2001 and 2006, and thus not entitled to keep the additional funds it had recovered from the water rates paid by its tenants as part of the rent, though discounts and void allowances by Thames Water. This is significant because some 69 London councils and housing associations had entered the same or similar agreements with Thames Water, and would be liable to repay sums to their tenants for the relevant periods.’
Nearly Legal, 15th November 2020
Source: nearlylegal.co.uk
‘Given the current challenging economic circumstances arising from the COVID-19 pandemic, which the authors fear may worsen over the coming months as employers are weaned off the Government’s furlough scheme, contracting authorities and their contractors may want to be released from obligations under existing contracts (and/or to protect their position having already defaulted on their obligations). Similarly, contracting authorities may want to vary existing contracts going forward. However, for obvious reasons, notably the time and cost involved, the appetite for undertaking a new procurement exercise is likely to be limited. This article therefore provides a guide to the available options for achieving these objectives.’
39 Essex Chambers, 16th October 2020
Source: www.39essex.com
‘Where the contractor has become insolvent, what obligations can an employer enforce when stepping-in to a previously novated professional consultant’s appointment in a design and build scenario?’
Practical Law: Construction Blog, 3rd November 2020
‘A High Court judge’s decisions in a multi-million pound dispute between a council and a waste company are helpful in understanding the Court’s approach to duties of good faith – and the consequences of making allegations of bad faith without sufficient evidence, write Judith Hopper and Rory Budworth.’
Local Government Lawyer, 30th October 2020
Source: www.localgovernmentlawyer.co.uk
‘The main issue was how to determine the governing law of an arbitration agreement when the law applicable to the contract containing it was not the law of the seat of the arbitration.’
Littleton Chambers, 9th October 2020
Source: littletonchambers.com
‘A conservative US evangelical organisation is taking legal action against UK entertainment venues that cancelled appearances by Franklin Graham, a preacher who has expressed homophobic and Islamophobic views, earlier this year.’
The Guardian, 27th October 2020
Source: www.theguardian.com
‘A large academy school trust faces litigation from a firm that lost out in the award of an IT contract.’
Local Government Lawyer, 15th October 2020
Source: www.localgovernmentlawyer.co.uk
‘A man who was refused a payout of £1.7m after his online betting company account was credited with the money is taking his case to the High Court.’
BBC News, 16th October 2020
Source: www.bbc.co.uk
‘The central issue on this appeal is how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration, the place chosen for the arbitration in the arbitration agreement.’
UKSC Blog, 9th October 2020
Source: ukscblog.com
‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’
Practical Law: Construction Blog, 1st October 2020
‘Historically, cohabitation agreements, sometimes known as “no-Nups”, were frowned upon as they were seen to encourage sexual relations outside of marriage. Thankfully, times have moved on and that’s no longer the case. The general view is that such agreements are enforceable if they deal with cohabitees’ property and affairs, and provided they are entered into freely with full information. Often, disputes between cohabitees following separation relate to what was or wasn’t intended, for example, in relation to the property in which they live. Having a clear record of the cohabitees’ intentions in a cohabitation agreement can avoid expensive disputes about those issues.’
Family Law, 30th September 2020
Source: www.familylaw.co.uk
‘Question: What do the Oslo Picasso murals “The Seagull” and the “The Fishermen” and the Dutch De View Jaargetijden have in common? Answer: They both have been subject to recent high cost, high profile litigation that dragged on for years and which concerned moral rights.’
Practical Law: Construction Blog, 9th September 2020
‘This was the question the court was asked to answer in RSK Environmental Ltd v Hexagon Housing Association Ltd.’
Practical Law: Construction Blog, 26th August 2020
‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’
Hardwicke Chambers, 5th August 2020
Source: hardwicke.co.uk
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