Left Holding The Baby – Hardwicke Chambers

Posted August 9th, 2018 in agency, identity fraud, news, solicitors, warranties by sally

‘Given the frequency with which sophisticated fraudsters arrange for the sale of properties which they do not own, it is perhaps surprising that the question of who, amongst the professionals involved, bears the risk when it happens has not been considered sooner and more definitively. In 2010 the question came before the Court in Excel Securities PLC v Masood [2010] Lloyds Rep PN 165, but only on a summary judgment application. HHJ Hegarty QC (sitting as a High Court Judge) held that the question of whether a solicitor purporting to act for the owner of a property warranted the identity of his client could not be answered in the abstract, and was not a suitable matter for summary judgment. A warranty of authority is an implied obligation arising as a matter of contract in particular circumstances, so it is not possible to determine the scope of any such warranty without a detailed consideration of the facts. Generally, however, a solicitor’s warranty extends to the fact that he has the authority of the person who has instructed him, but not as to the identity of that person.’

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Hardwicke Chambers, 31st July 2018

Source: www.hardwicke.co.uk

Not with a Whisper but a Bang: the new insurance laws in a Professional Indemnity Context – Hailsham Chambers

‘The changes of last August and the impending Enterprise Act 2016 changes for May of next year will transform the way we have to look at insurance contracts generally and, if our insurer clients’ underwriting departments have not substantially rewritten their proposal forms and policy documents, we can anticipate a few years of ongoing law making.’

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Hailsham Chambers, 3rd November 2017

Source: www.hailshamchambers.com

Promises about one’s principal: breach of warranty of authority and the case of P&P Property Ltd v Owen White & Catlin LLP – Hardwicke Chambers

Posted November 10th, 2016 in fraud, law firms, negligence, news, warranties by sally

‘If a solicitor executes a contract to sell “1 The Mall” that identifies the seller as “Mr Bloggs of 1 The Mall” (Mr Bloggs being the registered proprietor of that property), does the solicitor thereby promise to the buyer:

1. that she has authority to sell the property from the actual Mr Bloggs, the true owner of 1 The Mall? Or
2. that her client was someone who told her he was Mr Bloggs and that he owned 1 The Mall?’

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Hardwicke Chambers, 4th November 2016

Source: www.hardwicke.co.uk

Court confirms that limitation of liability clauses in acquisition documentation will be interpreted strictly – OUT-LAW.com

Posted March 29th, 2016 in accountants, limitations, news, shareholders, time limits, warranties by sally

‘A 20-day time limit within which claims for breaches of warranty as part of a share purchase agreement (SPA) had to be raised only began running once the buyer was aware of the “proper basis for a claim”, the Court of Appeal has ruled.’

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OUT-LAW.com, 29th March 2016

Source: www.out-law.com

Aberystwyth man wins Apple Watch warranty court battle – BBC News

Posted February 3rd, 2016 in consumer protection, news, sale of goods, warranties by sally

‘A man from Ceredigion has successfully sued Apple after his watch broke – forcing the company to change its product description.’

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BBC News, 2nd February 2016

Source: www.bbc.co.uk

Insurance surgery: A new regime – New Law Journal

Posted October 23rd, 2014 in bills, contracts, damages, disclosure, fraud, insurance, news, warranties by sally

‘The Insurance Bill may alter centuries old law on disclosure by commercial policyholders, warranties & remedies for fraud & place more emphasis on active underwriting, says James Deacon.’

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New Law Journal, 23rd October 2014

Source: www.newlawjournal.co.uk

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd and another – WLR Daily

Posted October 7th, 2014 in damages, law reports, shareholders, valuation, warranties by sally

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd and another [2014] EWHC 2178 (QB); [2014] WLR (D) 407

‘It is was permissible to depart from the prima facie rule that damages following a breach of warranty in a share sale agreement were to be assessed at the date of breach and so to take into account events which had occurred after that date, where such departure was necessary to give effect to the overriding compensatory principle of assessment of damages.’

WLR Daily, 4th July 2014

Source: www.iclr.co.uk

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) – WLR Daily

Posted August 12th, 2014 in appeals, contracts, insurance, law reports, ships, warranties by sally

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) [2014] EWCA Civ 1135; [2014] WLR (D) 373

‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s – WLR Daily

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s [2013] EWCA Civ 1173; [2013] WLR (D) 368

“The inadvertent naming of the wrong builder in a proposal form for insurance against latent defects including cover for the insolvency of the builder during the construction of social housing units, constituted a breach of warranty entitling the insurers to avoid the policy.”

WLR Daily, 4th October 2013

Source: www.iclr.co.uk

Supreme Court upholds FSA’s power to regulate extended warranties – OUT-LAW.com

Posted February 18th, 2013 in consumer protection, contracts, financial regulation, insurance, news, warranties by sally

“The Financial Services Authority (FSA) was within it rights to close down two unauthorised extended warranty schemes, regardless of whether the cover involved the payment of money to customers, the Supreme Court has confirmed.”

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OUT-LAW.com, 15th February 2013

Source: www.out-law.com

In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) – Supreme Court

Posted February 13th, 2013 in contracts, EC law, financial regulation, insurance, law reports, warranties by sally

In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) [2013] UKSC 7 | UKSC 2012/0003 (YouTube)

Supreme Court, 13th February 2013

Source: www.youtube.com/user/UKSupremeCourt

When does a professional appointment include a guarantee of success? – Zenith Chambers

Posted November 20th, 2012 in appeals, fire, news, professional conduct, warranties by sally

“For anyone concerned as to whether a professional appointment imposes a duty guaranteeing or warranting a successful outcome the Court of Appeal decision in Trebor Bassett Holdings Limited -and- The Cadbury UK Partnership v. ADT Fire and Security Plc (2012) EWCA Civ 1158 provides invaluable assistance.”

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Zenith Chambers, 14th November 2012

Source: www.zenithchambers.co.uk

Signing on Payments, Termination Without Cause and Repayment Conditions: a rare victory for the Collateral Warranty – Employment Law Blog

Posted October 3rd, 2012 in contracts, financial advice, news, warranties by sally

“In its recent judgment in Thinc Group-v-Armstrong [2012] EWCA Civ 1227, the CA has upheld a rare victory for that endangered species beloved of Lord Denning – the Collateral Warranty.”

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Employment Law Blog, 3rd October 2012

Source: www.employment11kbw.com

Reforming the duty of disclosure in business insurance, and bringing the law on warranties up to date – Law Commission

Posted June 26th, 2012 in consultations, disclosure, insurance, news, warranties by sally

“In a consultation opening today, the Law Commission and Scottish Law Commission are proposing a new law to make clear what businesses must tell insurers when they buy insurance.”

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Law Commission, 26th June 2012

Source: www.lawcommission.justice.gov.uk

In re Digital Satellite Warranty Cover Ltd and others – WLR Daily

Posted December 8th, 2011 in appeals, insurance, law reports, warranties by tracey

In re Digital Satellite Warranty Cover Ltd and others: [2011] EWCA Civ 1413;  [2011] WLR (D)  352

“A contract for repair or replacement only in the event of breakdown or malfunction which did not oblige the insurer to indemnify the insured for costs which the insured himself incurred fell within paragraph (b) of class 16 Schedule I to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”

WLR Daily, 29th November 2011

Source: www.iclr.co.uk

Deeds not ‘delivered’ despite signatures, rules High Court – OUT-LAW.com

Posted October 20th, 2011 in documents, guarantees, news, warranties by tracey

“Guarantees and warranties given by the directors of a company did not take effect despite the signing, witnessing and handing over of documents, the High Court has ruled. The documents in question were deeds and the Court said that they had not been ‘delivered.’ ”

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OUT-LAW.com, 20th October 2011

Source: www.out-law.com

OFT launches extended warranties investigation – The Guaridan

Posted April 15th, 2011 in consumer protection, news, warranties by sally

“The Office of Fair Trading (OFT) is to examine whether extended warranties for domestic electrical goods, a market worth more than £750m a year, offer consumers value for money.”

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The Guardian, 14th April 2011

Source: www.guardian.co.uk

In re Digital Satellite Warranty Cover Ltd and others – WLR Daily

Posted February 2nd, 2011 in financial regulation, insurance, law reports, warranties by sally

In re Digital Satellite Warranty Cover Ltd and others [2011] EWHC 122 (Ch); [2011] WLR (D) 28

“A contract for repair or replacement only in the event of breakdown or malfunction which did not oblige the insurer to indemnify the insured for costs which the insured himself incurred fell within para (b) of class 16 Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”

WLR Daily, 1st February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Insurance Contract Law – Law Commission

Posted July 17th, 2007 in consultations, contracts, insurance, warranties by sally

“On 17 July 2007 the Law Commission published jointly with the Scottish Law Commission a consultation paper on insurance contract law. We invite comments on provisional proposals to modernise the law relating to misrepresentation, non-disclosure and breach of warranty by the insured.”

Insurance Contract Law: Misrepresentation, Non-Disclosure and Breach of Warranty by the Insured (PDF)

Law Commission, 17th July 2007

Source: www.lawcom.gov.uk