‘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
‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’
Competition Bulletin from Blackstone Chambers, 28th September 2014
Source: www.competitionbulletin.com
‘A claim brought under regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 for compensation on determination of an agency agreement was not in respect of a contract or a breach of contract. Accordingly, the jurisdictional gateways for service out of the jurisdiction in paragraph 3.1(6) and (7) of Practice Direction 6B supplementing CPR Pt 6 did not apply.’
WLR Daily, 29th August 2014
Source: www.iclr.co.uk
‘Mandatory rules governing the relationship between commercial agents and their principals in respect of the agent’s UK activities cannot override a valid jurisdiction and choice of law clause, the High Court has ruled.’
OUT-LAW.com, 10th September 2014
Source: www.out-law.com
‘Increasingly, nowadays, solicitors find themselves acting in personal injuries claims for people who may lack mental capacity. This may or may not be the result of the injuries that they have suffered. Unquestionably, the fact that persons may be at one stage fully capable of conducting litigation and at another stage not presents real difficulties for a solicitor. We have seen recently a settlement set aside because the Claimant, who did not have a Litigation Friend, but did not have capacity could not settle the claim. See the recent local case of Dunhill v Burgin in the Supreme Court, [2014] 1WLR 933. So solicitors face a potentially disastrous situation.’
Zenith PI Blog, 29th August 2014
Source: www.zenithpi.wordpress.com
‘What claim does a principal have where an agent or other fiduciary receives a bribe or secret commission in breach of the duty owed to him? Is the principal confined to a personal claim for equitable compensation from the fiduciary or canhe show that the bribe or commission was held on trust for him? After two centuries of debate in and out of the courts, the Supreme Court in FHR European Ventures LLP v Cedar Capital Partners [2014] UKSC 45 determined that the bribe or commission is held on trust such that the principal does enjoy a proprietary claim.’
New Square Chambers, 14th August 2014
Source: www.newsquarechambers.co.uk
FHR European Ventures LLP and others (Respondents) v Cedar Capital Partners LLC (Appellant) (YouTube)
Supreme Court, 9th July 2014
FHR European Ventures LLP and others v Cedar Capital Partners LLC; [2014] UKSC ; [2014] WLR (D) 317
‘Where an agent obtained a benefit, including a bribe or a secret commission, which was, or resulted from, a breach of his fiduciary duty to his principal, he held the benefit on trust for his principal.’
WLR Daily, 16th July 2014
Source: www.iclr.co.uk
‘The relief available under article 21(1) of the UNCITRAL Model Law on Cross-Border Insolvency, as scheduled to the Cross-Border Insolvency Regulations 2006 (SI 2006/1030), upon recognition by the English court of a foreign insolvency proceeding was limited to such relief as it would be open to the court to grant in domestic insolvency proceedings.’
WLR Daily, 30th June 2014
Source: www.iclr.co.uk
Scotland and another v British Credit Trust Ltd [2014] EWCA Civ 790; [2014] WLR (D) 252
‘When determining whether negotiations between a debtor and a supplier were “antecedent negotiations” within section 56(1)(c) of the Consumer Credit Act 1974, so that the supplier was deemed to have been acting as an agent of the creditor, the court had to inquire whether all the negotiations formed part of one transaction as a matter of fact.’
WLR Daily, 10th June 2014
Source: www.iclr.co.uk
‘A travel company which marketed and arranged the sale of holiday accommodation to holidaymakers through its website was acting as an “agent” for the providers of that accommodation, and so did not have to account for VAT on those sales, the UK’s highest court has ruled.’
OUT-LAW.com, 5th March 2014
Source: www.out-law.com
Ministry of Defence v Kemeh [2014] EWCA Civ 91; [2014] WLR (D) 59
‘Common law principles of agency were applicable when considering section 32(2) of the Race Relations Act 1976.’
WLR Daily, 11th February 2014
Source: www.iclr.co.uk
‘We have been meeting with a number of smaller software suppliers and tech start-ups recently who have been grappling with the challenge of boosting their geographical reach. We use the word ‘challenge’ because (a) there are only 24 hours in a day, (b) smaller businesses tend not to have a raft of sales executives in their employment and (c) it is difficult to achieve global domination when you still want to focus on product development and manufacturing issues.’
Technology Law Update, 11th February 2014
Source: www.technology-law-blog.co.uk
‘A clause in an agency agreement which dealt with an agent’s entitlement to compensation or an indemnity on termination of the agreement was neither consistent with nor permitted by regulation 17(2) of the Commercial Agents (Council Directive) Regulations 1993.’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
Finanzamt Düsseldorf-Mitte v Ibero Tours GmbH (Case C-300/12); [2014] WLR (D) 8
‘Under the provisions of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the member states relating to turnover taxes—common system of value added tax: uniform basis of assessment, the principles laid down by the Court of Justice in Elida Gibbs v Customs and Excise Comrs (Case C-317/94) [1997] QB 499 concerning the determination of the taxable amount of the VAT did not apply when a travel agent, acting as an intermediary, granted to the final consumer, on the travel agent’s own initiative and at his own expense, a price reduction on the principal service provided by the tour operator.’
WLR Daily, 16th January 2014
Source: www.iclr.co.uk
“A term was not to be implied into a mezzanine lending agreement that a bank, which had acted as agent for two special purpose vehicles (‘SPVs’) when they participated as junior lenders in such structured lending to a property company which subsequently collapsed, was obliged to disclose to the SPVs material financial information in its possession as to the declining health of the company.”
WLR Daily, 3rd September 2013
Source: www.iclr.co.uk
“In Fairstar Heavy Transport NV v (1) Philip Jeffrey Adkins (2) Claranet Ltd [2013] EWCA Civ 886 the Court of Appeal has considered what right a company has to obtain work-related emails held by its former CEO on his personal computer.”
Panopticon, 26th July 2013
Source: www.panopticonblog.com
“An unresolved issue that has received little attention is whether a solicitor’s conduct could be attributed to his client as contributory negligence by that client in a claim brought against a different professional. If a claimant sues professional A for losses to which professional B also contributed, the normal course of events is for professional A to make a contribution claim against professional B. Professional A does not usually seek to attribute professional B’s conduct to the claimant in order to raise the defence of contributory negligence against the claimant. But it is easy to imagine circumstances in which the latter course would be attractive to professional A if available, for example if professional B is a man of straw whose insurers repudiate liability.”
Hardwicke Chambers, 2nd April 2013
Source: www.hardwicke.co.uk
Day and another v Day [2013] EWCA Civ 280; [2013] WLR (D) 129
“For the purposes of the doctrine of rectification in the case of a voluntary settlement it was the subjective intention of the settlor that was of relevance in determining whether the court should order rectification and an outward expression or objective communication of that intention was unnecessary in such a case.”
WLR Daily, 27th March 2013
Source: www.iclr.co.uk
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