‘Alex Whatley has written an analysis of Advanced Multi-Technology for Medical Industry & Ors v Uniserve Limited & Ors [2024] EWHC 1725 (Ch).’
3PB, 21st November 2024
Source: www.3pb.co.uk
‘A culture clash between a regulated and largely unregulated sector creates challenges for the social housing sector’s engagement with managing agents, according to new research from the Housing Ombudsman.’
Local Government Lawyer, 23rd March 2022
Source: www.localgovernmentlawyer.co.uk
‘The Respondent was ordered to be extradited to Greece for the purposes of conducting a criminal prosecution against him. On that day, the Respondent’s solicitor stated orally in court that an appeal would be lodged against the extradition order, and on 16 December 2015, the notice of application for leave to appeal was filed with the Court. However, due to an oversight, the solicitor failed to serve the notice on the Crown Solicitor’s Office (on behalf of Greece) until about three weeks later.’
UKSC Blog, 3rd February 2022
Source: ukscblog.com
‘A cautionary tale of a Tribunal appointed manager behaving badly and a reminder that the appointed manager’s duty is to carry out what is in the order appointing them, and that they answer to the Tribunal as an officer of the Tribunal.’
Nearly Legal, 30th August 2021
Source: nearlylegal.co.uk
‘In this post, Tim Sales, a partner in the Dispute Resolution team at CMS, and Hannah Jones, who works in the Tax team at CMS, comment on the decision handed down by the UK Supreme Court in the matter of Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39, which concerned whether estoppel by convention applied to prevent the taxpayer disputing that HMRC had validly served a notice of enquiry.’
UKSC Blog, 25th August 2021
Source: ukscblog.com
‘The issue in this appeal is whether, and if so in what circumstances, a party can set aside a contract on the ground that it was entered into as a result of the other party threatening to do a lawful act.’
UKSC Blog, 18th August 2021
Source: ukscblog.com
‘The Supreme Court has unanimously allowed this appeal addressing whether a taxpayer is prevented from challenging the validity of an enquiry into their tax return by HMRC where both parties have proceeded, for nearly a decade, on the mistaken assumption that the enquiry was validly initiated by a letter sent to the taxpayer.’
UKSC Blog, 30th July 2021
Source: ukscblog.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
‘Prempeh v Lakhany (2020) EWCA Civ 1422. We saw this case on a first appeal in the County Court. The issue was whether a section 8 notice on rent arrears grounds, in this instance grounds 8, 10 and 11, is a “demand for rent” for the purposes of section 47 Landlord and Tenant Act 1987.’
Nearly Legal, 9th November 2020
Source: nearlylegal.co.uk
‘The widely reported case of Gregor Fisken Limited v Mr Bernard Carl [2020] EWHC 1385 (Comm) involved one of the world’s rarest and most expensive cars, a $44m Ferrari 250 GTO Series 1 coupé, and its lost (and found) original gearbox. After a week-long trial in the High Court, it was held that the defendant seller was acting in breach of contract in failing to deliver the GTO’s original gearbox to the claimant buyer. The Court made an order for specific performance, requiring the seller to secure the delivery of the original gearbox to the buyer.’
Monckton Chambers, June 2020
Source: www.monckton.com
‘The Second Respondent (‘Mr Chernukhin’) was a prominent Russian businessman and former State official. In 2001, Mr Chernukhin entered into a joint venture with the Second Appellant (‘Mr Deripaska’), also a prominent Russian businessman, to acquire a controlling interest in a Russian textile company (‘TGM’). It was agreed between Mr Deripaska and Mr Chernukhin that each would contribute equally to the purchase, and that Mr Chernukhin’s then personal partner, one Ms Danilina, would be involved in running the business.’
Hardwicke Chambers, 6th April 2020
Source: hardwicke.co.uk
‘A contract between a landlord and a managing agent was found to have come into existence when the performance of management services commenced and not on the date of the landlord’s payment for the services provided. In the circumstances, the particular contract was a qualifying long term agreement and the statutory consultation requirements under section 20 of the Landlord and Tenant Act 1985 were applicable.’
Tanfield Chambers, 29th November 2019
Source: www.tanfieldchambers.co.uk
‘This note is essential reading for mortgage providers, brokers and any practitioners with a practice or interest in civil fraud as the case constitutes perhaps the most detailed review of the law on secret commissions to date. In particular, it addresses the distinction between full secret commissions and so-called half-secret commissions where there is a partial disclosure. It clarifies the law in the area and solidifies the basis for a broker being held liable where a commission is only partially disclosed.’
Forum Chambers, 12th November 2019
Source: www.forumchambers.com
‘Last week, the Supreme Court handed down its decision in Singularis Holdings Ltd v. Daiwa Capital Markets Europe Ltd [2019] UKSC 50. That case got the attention that it did because of the tension with the result in Stone & Rolls Ltd v. Moore Stephens. Others have dealt with the detail of the decision in Singularis (including an excellent article by my colleague, Mark Cannon QC). I want to look more generally at the issues created by attribution in a corporate context, and how the courts in recent years have approached them.’
4 New Square, 6th November 2019
Source: www.4newsquare.com
‘The dispute centred around a mortgage broker receiving both a fee from the borrower and a commission from the lender. Mrs Wood obtained two mortgages and a further advance secured over her two farms from Commercial First Business Limited (“CF”), a provider of unregulated secured loans to commercial borrowers. CF only accepted applications via brokers. UK Mortgage and Financial Services Limited (“UKMFS”) acted as broker for Mrs Wood on all three transactions, receiving commissions of £30,600, £57,092.80 and £5,234.22 respectively. CF entered into securitisation agreements assigning the loans to various assignees prior to entering CVL.’
New Square Chambers, 5th November 2019
Source: www.newsquarechambers.co.uk
‘Local authorities are failing in their duty to prosecute rogue letting agents, the National Landlords Association has claimed after its research found that more than half of 20 councils did not prosecute a single letting agent in the four-year period from 2014/15 to 2017/18.’
Local Government Lawyer, 4th July 2019
Source: www.localgovernmentlawyer.co.uk
‘New laws on payslips come into force from this week, requiring employers to set out variable rates of pay and hours worked so that workers can more easily check that they are receiving the minimum wage.’
The Guardian, 8th April 2019
Source: www.theguardian.com
‘The court has ruled in favour of claimants in a battle over medical agency fees that affects thousands of low-value personal injury cases.’
Law Society's Gazette, 1st March 2019
Source: www.lawgazette.co.uk
‘The UK Supreme Court has upheld a contract concluded between a property developer and an estate agent over the telephone, including a disputed element of commission for the agent.’
OUT-LAW.com, 20th February 2019
Source: www.out-law.com
‘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
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