‘Last month the Solicitors Regulation Authority published its response to its ‘Reporting Concerns’ consultation, launched last year. You could be forgiven for missing the fanfare but this was big news in the world of law firm and lawyer regulation.’
Law Society's Gazette, 11th March 2019
Source: www.lawgazette.co.uk
‘What happens to liquidated damages when a contract is terminated? Is the employer entitled to payment up until the point of termination? Can damages go beyond termination until the point at which the project is completed by someone else? If so, what happens if the project is never completed? These are all questions which one would normally associate with construction contracts. However, it was in the context of a software development project that they came to be considered in the Court of Appeal in Triple Point Technology v. PTT [2019] EWCA Civ 230.’
4 New Square, 5th March 2019
Source: www.4newsquare.com
‘The Upper Tribunal (Lands Chamber) has ruled that the London Borough of Southwark can recover a service charge for work in a leaseholder’s flat after the First Tier Tribunal (FTT) said nothing was payable.’
Local Government Lawyer, 7th March 2019
Source: www.localgovernmentlawyer.co.uk
‘This appeal considered whether, where a commission agent and his principal have not expressly, in their oral discussions, identified and agreed the precise event upon which commission is payable, but have expressly agreed in those oral discussions that a commission would be payable at an agreed percentage, their bargain is incomplete. It also considered whether the court can (whether by taking into account the relevant surrounding factual matrix or what the parties said, or the parties’ conduct), imply a term identifying the commission entitling event which gives business efficacy to the parties’ presumed common intention.’
UKSC Blog, 13th February 2019
Source: ukscblog.com
‘Solicitor advocate and law writer David Burrows writes that to define a valid marriage in English law is by no means obvious.’
Family Law, 7th February 2019
Source: www.familylaw.co.uk
‘In Prosser v British Airways Plc [2018] the Claimant was unsuccessful in his claim for damages arising from an injury suffered as a result of sitting next to a passenger of large stature on the Defendant’s aircraft.’
Zenith PI, 4th February 2019
Source: zenithpi.wordpress.com
‘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.’
Practical Law: Construction Blog, 23rd January 2019
‘A recent UK Supreme Court decision on the common law meaning of ‘highway’ will have significant implications for property developers, an expert has said.’
OUT-LAW.com, 11th January 2018
Source: www.out-law.com
‘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.’
Littleton Chambers, 5th December 2018
Source: www.littletonchambers.com
‘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.’
Hardwicke Chambers, 5th November 2018
Source: hardwicke.co.uk
‘A couple of weeks ago we held a seminar on how the UN Convention on the Rights of Persons with Disabilities (“CRPD”) could be argued in UK courts and tribunals. The seminar explored the approach that courts around the world have taken in citing and interpreting the CRPD. The judicial route is only one way for international law to trickle down into domestic law. Another obvious way to implement human rights is via law and policy reform.’
Doughty Street Chambers, 6th December 2018
Source: insights.doughtystreet.co.uk
‘The President of the Family Division, Sir Andrew MacFarlane issued some guidance last week on the anonymisation of published judgments in family court cases.’
Transparency Project, 10th December 2018
Source: www.transparencyproject.org.uk
‘The Supreme Court has issued an important judgment on the interaction between the 1974 Athens Convention on carriage of passengers by sea and time bar provisions in Scottish domestic law.’
OUT-LAW.com, 5th November 2018
Source: www.out-law.com
‘A human rights organisation is taking the national provider of legal aid to court because it is refusing to help rough sleepers challenge councils over the use of potentially unlawful powers to move them on.’
The Guardian, 23rd October 2018
Source: www.theguardian.com
‘A legal challenge brought by the Public Interest Law Unit (PILU) and Housing Action Southwark and Lambeth (HASL) has forced Southwark Council to change the definition it uses for ‘overcrowding’, it has been claimed.’
Local Government Lawyer, October 2018
Source: www.localgovernmentlawyer.co.uk
‘Lord Carnwath at the Justice Human Rights Law Conference 2018, London. Human Rights and the Environment.’
Supreme Court, 10th October 2018
Source: www.supremecourt.uk
‘This case revolves around Carlton Clubs Ltd’s (“Carlton”) claims for repayment of overpaid VAT following the change in VAT treatment of income generated from bingo and gaming machines.’
UKSC Blog, 1st October 2018
Source: ukscblog.com
‘Recent cases, including the Court of Appeal’s judgment in Bou-Simon v BGC Brokers LP and the (as yet unreported) case of Harrow LBC v Engie Regeneration (Apollo) Ltd (2018) (TCC), provide a useful reminder of the strict constraints on implying terms into a commercial contract.’
Practical Law: Construction Blog, 1st August 2018
‘A conditional fee agreement (CFA) that named the wrong defendant was still valid when read in the wider context of the claim, the Court of Appeal has ruled.’
Litigation Futures, 20th June 2018
Source: www.litigationfutures.com
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