‘The Court of Appeal has overturned a finding of the High Court of fraudulent misrepresentation against a postal equipment supplier, on the grounds that it was not ‘vicariously liable’ for the dishonesty of its agent.’
OUT-LAW.com, 19th November 2018
Source: www.out-law.com
‘In July the High Court in Mercato considered the circumstances in which parties, not including the FA, who are subject to the FA Rules, will be bound to arbitrate disputes between them under FA Rule K. The judgment follows, and attempts to reconcile, two decisions of the same Court in 2017 on the same topic: Davies v Nottingham Forest FC [2017] EWHC 2095 (“Davies”) and Bony v Kacou & Ors [2017] EWHC 2146 (Ch) (“Bony”).’
Sports Law Bulletin from Blackstone Chambers , 6th September 2018
Source: www.sportslawbulletin.org
‘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.’
Hardwicke Chambers, 31st July 2018
Source: www.hardwicke.co.uk
‘Banks can learn a lesson from a new ruling issued by the UK Supreme Court on practices to adopt when providing credit references, according to a banking and finance litigation expert.’
OUT-LAW.com, 27th July 2018
Source: www.out-law.com
‘Almost a year since the case was heard before an FA Regulatory Commission, the final decision in the case of The FA v Massimo Cellino has been published.’
Blackstone Chambers, 6th November 2017
Source: www.sportslawbulletin.org
‘A council’s imposition of a £5,000 fine on a property management business for failing to be a member of a redress scheme for three weeks was “unreasonable in the circumstances and completely disproportionate”, a tribunal judge has said.’
Local Government Lawyer, 5th October 2017
Source: localgovernmentlawyer.co.uk
‘Section 8 notice prescribed form. The Govt has made The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No. 2) Regulations 2016. The Schedule contains a new ‘form 3’ – the prescribed form of Section 8 Notice Seeking Possession. This must be used for s.8 notices served on or after 1 December 2016.’
Nearly Legal, 23rd November 2016
Source: www.nearlylegal.co.uk/blog/
‘Ian Smith examines the recent cases that have been driving employment law.’
New Law Journal, 18th November 2016
Source: www.newlawjournal.co.uk
McGill v Sports and Entertainment Media Group and others [2016] EWCA Civ 1063
‘The claimant, a licensed football agent, brought proceedings against a football player seeking damages for breach of contract, claiming that he had negotiated a transfer deal for the player under an oral contract, but that another agent, having induced the player to breach his contract with the claimant, had made the deal with the new club itself and received the fee of £300,000, thereby depriving the claimant of his fee for the work which he had done. The claim was settled in 2009 with payment of £50,000 to the claimant in full and final settlement. In 2012 the claimant brought an action against the first to fourth defendants, being the agent which had allegedly induced the breach of contract and three individuals associated with it, and the fifth to ninth defendants, being the club to which the player had transferred and four individuals associated with it. The claim was for, inter alia, the torts of inducing a breach of contract, breach of confidence and unlawful means conspiracy. The judge found that all the ingredients of the causes of action for inducement of breach of contract and unlawful means conspiracy were made out apart from causation and loss, and dismissed all the claims.’
WLR Daily, 12th October 2016
Source: www.iclr.co.uk
‘A high court judgment in which the current England assistant manager, Sammy Lee, was found to have knowingly given false evidence has been upheld by the court of appeal. Lee, when manager of Bolton Wanderers for a short period in 2007 having taken over from Sam Allardyce, was found to have lied about his club’s involvement in signing the midfield player Gavin McCann, who had been poached by the agents SEM.’
The Guardian, 7th November 2016
Source: www.guardian.co.uk
‘Money which an agent personally owed to its principal at the point the former became insolvent is not held on “constructive trust” for the principal, instead forming part of the assets of the insolvent business to be divided up between all creditors in a proportionate way, the UK’s highest court has ruled.’
OUT-LAW.com, 29th July 2016
Source: www.out-law.com
Nearly all scam and fraud victims “suffer in silence”, councils say, but the jailing of a lettings agent shows billions of pounds could be saved.
BBC News, 8th July 2016
Source: www.bbc.co.uk
‘Morales v Enver (2016) QBD (Irwin J) 28/04/2016. Mr M had brought injunction for re-entry proceedings against a landlord and agents.’
Nearly Legal, 4th May 2016
Source: www.nearlylegal.co.uk/blog/
Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd [2016] EWHC 486 (Comm)
‘The claimant was a commercial agent who acted for the defendant. The agency agreement between the parties provided for 12 months’ notice of termination. The claimant’s case was that, by e-mails dated 18 and 26 March 2013, the defendant gave notice of termination with effect from 11 February 2013, to terminate on 11 May 2013 and was thereby in repudiatory breach of contract, which repudiation the claimant accepted as bringing the agency agreement to an end. The claimant brought a claim for, inter alia, damages for termination with insufficient notice and sought to admit the defendant’s e-mails as evidence of the defendant’s repudiation. The defendant contended that the two e-mails, both marked “Without Prejudice”, were part of a series of without prejudice negotiations to settle a dispute as to termination of the agency and that, as such, they could not be relied on by the claimant as repudiatory and were inadmissible in evidence.’
WLR Daily, 8th March 2016
Source: www.iclr.co.uk
‘On termination of a commercial agency agreement the agent is normally entitled to either an indemnity or compensation. This is a lump sum payment to reward the agent for the goodwill it has developed for the principal. They can agree by contract which option they prefer. But in the absence of agreement, the agent is entitled to compensation.’
Technology Law Update, 16th November 2015
Source: www.technology-law-blog.co.uk
‘Some of the UK’s most senior judges have said it is necessary to review how the so-called ‘illegality defence’ should be applied.’
Full story
OUT-LAW.com, 24th April 2015
Source: www.out-law.com
‘Nigel Farage is quoted yesterday as preferring immigrants to be Australians and Indians rather than EU citizens, because they probably speak English and “understand common law.”’
UK Human Rights Blog, 23rd April 2015
Source: www.ukhumanrightsblog.com
‘The FA Regulations on working with Intermediaries (‘FA Intermediaries Regulations’) come into force on 1 April 2015. They put into force FIFA’s Intermediaries Regulations, with some important variations and, with them, apparently signal the abolition of the licensed football agent.’
Full story (PDF)
Blackstone Chambers, 27th March 2015
Source: www.blackstonechambers.com
‘A solicitor’s retainer is not rendered “impossible of performance” simply because a claimant loses mental capacity and cannot give instructions personally, the Court of Appeal ruled today.’
Litigation Futures, 27th January 2015
Source: www.litigationfutures.com
‘Earlier this year Football’s World governing body, FIFA, published its Regulations on Working with Intermediaries. The FIFA Regulations signal a dramatic de-regulation of one of the most controversial and lucrative business activities in football: agency.’
Sports Law Bulletin from Blackstone Chambers, 21st October 2014
Source: www.sportslawbulletin.org
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