C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331 – The relationship between hybrid contracts and valid payment notices – Hardwicke Chambers

‘The Housing Grants, Construction and Regeneration Act 1996 created hybrid contracts, and with that, complications as to the relationship between these contracts and the Act. In the significant case of C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331, Lord Coulson clarifies whether a valid payment notice ought to separately identify the sum due in respect of construction operations.’

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Hardwicke Chambers, 26th March 2020

Source: hardwicke.co.uk

The relevance of pre-contract information – Law Society’s Gazette

Posted March 31st, 2020 in asbestos, building law, construction industry, contracts, news by sally

‘In PBS Energo v Bester Generacion [2020] EWHC 223 (TCC), the Technology and Construction Court concluded that asbestos contamination, encountered on a biomass energy plant construction project, had been foreseeable in light of the pre-contract information provided to the subcontractor. The effect of this was that the subcontractor had not been entitled to an extension of time.’

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Law Society's Gazette, 30th March 2020

Source: www.lawgazette.co.uk

Force majeure in 2020 – Law Society’s Gazette

Posted March 30th, 2020 in brexit, climate change, contracts, coronavirus, news by sally

‘While thousands of coronavirus sufferers around the world will be getting doctors’ notes to excuse them from work, Chinese businesses have been getting ‘force majeure certificates’ from their government to excuse them from contractual performance.’

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Law Society's Gazette, 25th March 2020

Source: www.lawgazette.co.uk

Inducing Breach of Contract: – Reliance on Legal Advice Saves the Day in Court of Appeal – Littleton Chambers

Posted March 24th, 2020 in appeals, chambers articles, contracts, covenants, enforcement, legal services, news by sally

‘In an important decision yesterday (27 February), Allen v Dodd & Co Limited [2020] EWCA Civ 258, the Court of Appeal held that if a person believes their conduct will probably not result in a breach of a contract they will not be liable for inducing a breach even if: (a) they knew there was a risk of breach; and (b) the court subsequently finds such a breach.’

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Littleton Chambers, 28th February 2020

Source: www.littletonchambers.com

Coronavirus, sport & the law of frustration and force majeure – Sports Law Bulletin from Blackstone Chambers

Posted March 23rd, 2020 in chambers articles, contracts, coronavirus, news, sport by sally

‘The decision of the English Premier League, Football League and the Scottish FA to suspend football matches as a result of corona virus is the latest in a series of unprecedented responses to the global pandemic. Nick De Marco QC discusses the legal issues in sport arising from the worldwide health crisis.’

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Sports Law Bulletin from Blackstone Chambers, 13th March 2020

Source: www.sportslawbulletin.org

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2020] EWCA Civ 11 – Hardwicke Chambers

‘The Appellant was a corporate and investment bank (the “Bank”). On 7 May 2015, it entered into a Sale and Purchase Agreement (the “Agreement”) as the seller of a 23.8% shareholding in an Indonesian company traded on the London Stock Exchange. The Respondent solicitors, (“Ashurst”), had acted for the First Defendant, the counterparty buyer under the Agreement (“ACE”).’

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Hardwicke Chambers, 5th March 2020

Source: hardwicke.co.uk

Coronavirus/COVID-19 – the impact on contracts – Technology Law Update

Posted March 16th, 2020 in contracts, coronavirus, health, insurance, news by sally

‘The COVID-19 outbreak is now causing widespread disruption in many countries, with increasing impact on supply chains and transport. What can you do if you or your counterparties are prevented from normal contractual performance by the disease?’

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Technology Law Update, 13th March 2020

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

Court of Appeal clarifies UK Construction Act treatment of hybrid contracts – OUT-LAW.com

Posted March 10th, 2020 in building law, contracts, news, notification by tracey

‘The Court of Appeal in London has ruled that UK construction law does not require hybrid contracts to include distinct notifications with separate break downs for construction operations and non-construction operations.’

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OUT-LAW.com, 9th March 2020

Source: www.pinsentmasons.com

Judge rejects call by developer for summary judgment in dispute over s106 agreement and second planning permission – Local Government Lawyer

Posted March 10th, 2020 in contracts, interpretation, news, planning, summary judgments by tracey

‘A High Court judge has rejected a developer’s application for summary judgment of its claim for a declaration that residential development of land in Holt, Norfolk was not bound by obligations contained in a section 106 agreement.’

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Local Government Lawyer, 9th March 2020

Source: www.localgovernmentlawyer.co.uk

Yuanda v Multiplex – “ascertaining” damages pre-adjudication under ABI bond – Practical Law Construction Blog

Posted March 5th, 2020 in construction industry, contracts, damages, guarantees, news by tracey

‘The TCC has just handed down judgment in Yuanda (UK) Company Ltd v Multiplex Construction Europe Ltd and another, which will be of interest to the construction industry as it deals with how ABI-type performance bonds operate.’

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Practical Law Construction Blog, 4th March 2020

Source: constructionblog.practicallaw.com

Law firm “under no duty” to disclose counsel’s advice to funder – Litigation Futures

Posted March 5th, 2020 in champerty, contracts, disclosure, law firms, legal representation, news by tracey

‘The High Court has struck out claims brought against a City law firm that a litigation funder said did not pass on the “pessimistic views” expressed by counsel about a case it was backing.’

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Litigation Futures, 5th March 2020

Source: www.litigationfutures.com

I tort I was covered? Management companies procuring maintenance works – a common pitfall – Practical Law Construction Blog

Posted February 27th, 2020 in building law, contracts, duty of care, landlord & tenant, news by tracey

‘Tenants and building owners frequently devolve management of their repair and maintenance responsibilities to management companies, who often enter into agreements with contractors for the repair and maintenance of the buildings they manage. This can be an attractive prospect from an administrative point of view, keeping such contractual arrangements at arm’s length from an occupier who lacks the resource, expertise or appetite to manage and monitor such relationships. However, devolving responsibility for entering into maintenance contracts is not without risk if no provision is made for recourse should things go awry as illustrated by the recent first instance case of John Innes Foundation and others v Vertiv Infrastructure Ltd.’

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Practical Law Construction Blog, 26th February 2020

Source: constructionblog.practicallaw.com

PBS Energo AS v Bester Generacion UK Ltd & Anor [2020] EWHC 223 (TCC) – Atkin Chambers

Posted February 21st, 2020 in building law, chambers articles, construction industry, contracts, news by sally

‘On 7 February 2020 Mrs Justice Cockerill DBE handed down judgment in PBS Energo AS v Bester Generacion UK Ltd & Anor [2020] EWHC 223 (TCC). Steven Walker QC and Tom Owen appeared for Bester instructed by Rebecca Williams of Watson Farley Williams.’

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Atkin Chambers, 7th February 2020

Source: www.atkinchambers.com

Cryptocurrency is Property: AA v Persons Unknown – The 36 Group

Posted February 11th, 2020 in contracts, cryptocurrencies, electronic commerce, jurisdiction, news by sally

‘In a significant recent decision, the High Court has acknowledged the finding of the UK Jurisdiction Taskforce (“UKJT”) in its Legal Statement on Cryptoassets and Smart Contracts that cryptocurrency is property.’

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The 36 Group, 11th February 2020

Source: 36group.co.uk

Beware the exchange of emails – another example of a contract being agreed by mistake – Technology Law Update

Posted February 11th, 2020 in contracts, electronic mail, news by sally

‘Emails might be seen as informal, but they are just as capable of creating binding agreements as good old-fashioned pen and paper. The Business and Property Court recently reminded us of this in Athena Brands v Superdrug.’

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Technology Law Update, 10th February 2020

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

Rail franchise bid case starts in high court – The Guardian

Posted January 20th, 2020 in compensation, contracts, government departments, news, pensions, railways by sally

‘A high court battle pitting rail operators against the government is due to start on Monday, with Stagecoach and others seeking tens of millions of pounds in compensation in a case that could have far-reaching implications for the privatised rail system.’

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The Guardian, 19th January 2020

Source: www.theguardian.com

Terminating leases for repudiatory breach – Wilberforce Chambers

Posted January 16th, 2020 in contracts, damages, landlord & tenant, leases, news by sally

‘A repudiatory breach of a contract (or a renunciation) can be a powerful weapon in the hands of the innocent party to the contract – it gives them a choice:
– Affirm the contract – keep it ongoing, sue for specific performance of whatever contractual obligation the other party has breached, and/or claim damages suffered as a result of the breach; or
– Accept the repudiation – bring the contract to an end, discharging both parties from further performance, and claim damages for loss occasioned by the termination.’

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Wilberforce Chambers, 8th January 2020

Source: www.wilberforce.co.uk

What to do when your solicitor has not paid – Counsel

Posted January 9th, 2020 in barristers, contracts, fees, legal aid, news, solicitors by sally

‘Unpaid fees? Give some thought to your contractual status and when to use the ‘nuclear option’.’

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Counsel, January 2020

Source: www.counselmagazine.co.uk

Banking litigators eye disputes from LIBOR change – Litigation Futures

Posted January 8th, 2020 in banking, class actions, contracts, interest, news, shareholders by sally

‘The replacement of LIBOR and the growth in class actions are set to come to the fore for banking litigators, according to specialist solicitors.’

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Litigation Futures, 7th January 2020

Source: www.litigationfutures.com

TPO in Football: What it is, how it is developing, and what it should be – Blackstone Sports Law Bulletin

Posted January 7th, 2020 in contracts, news, sport, third parties by sally

‘The issue of Third Party Ownership in football remains a live one, despite FIFA’s outright prohibition in 2015. Any analysis of the current landscape needs to start with an understanding of what is meant by Third Party Ownership, or TPO for short.’

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Blackstone Sports Law Bulletin, 6th January 2020

Source: www.sportslawbulletin.org