‘In the recent case of Global Asset Capital Inc and another v Aabar Block S.A.R.L and others [2017] EWCA Civ 37, the Court of Appeal held that the High Court was wrong to find that following a ‘subject to contract’ offer letter, a contract was concluded during a telephone call which was inconsistent with subsequent communications.’
4 KBW, 31st March 2017
Source: www.4kbw.net
‘Questions of international law raised by Ukraine in a dispute with Russia involving overdue Eurobond repayments cannot be dealt with by the English courts, the High Court has ruled.’
OUT-LAW.com, 4th April 2017
Source: www.out-law.com
‘Transitional provisions allowing the recoverability of solicitors’ success fees and an after the event (ATE) insurance premium after April 2013 extend to where the policy is assigned, and where the case is later appealed, the Supreme Court has ruled.’
OUT-LAW.com, 31st March 2017
Source: www.out-law.com
‘The decision of the High Court in Microsoft Mobile Oy (Ltd) v Sony offers some helpful guidance as to when a competition law tort claim will be caught by an arbitration clause in a sale or supply agreement.’
Competition Bulletin from Blackstone Chambers, 7th March 2017
Source: www.competitionbulletin.com
‘The Association of Lawyers for Children (ALC) has said it is “deeply concerned” by a recent agreement entered into by Cafcass and the Association of Directors of Children’s Services.’
Local Government Lawyer, 3rd March 2017
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has refused to strike-out a claim by a woman who failed to comply with a Court of Appeal order to pay £250,000 in interim costs, on the grounds that it would breach her rights to a fair trial.’
Litigation Futures, 2nd March 2017
Source: www.litigationfutures.com
‘The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement:
MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems counter-intuitive. However, from 1 March 2017 that is what MIB will be required to do.
Paul Ryman-Tubb, Chief Technical Officer at MIB said: “Whilst we will deal with these claims in a professional manner, the principle of using honest premium paying motorists money to pay for the damage to an uninsured driver’s car seems crazy.”’
Zenith PI Blog, 21st February 2017
Source: www.zenithpi.wordpress.com
‘Commercial litigators regularly encounter disputes which arise from parties’ attempts to renegotiate obligations under written agreements in situations where one party is having difficulty performing as required under the contract.’
Littleton Chambers, 26th January 2017
Source: www.littletonchambers.com
‘If an injured person cannot identify the fault driver of another vehicle, this is the agreement which governs their rights to compensation. In many instances, this is because the accident was a classic “hit and run”; indeed the MIB have stated that 12% of accidents in which the accident was reported to the police and a person was injured were such “hit and run accidents”. (That statistic is not as significant as it would seem at first blush; the majority of relatively minor road traffic accidents are not reported to police; the reason that such accidents are reported is that the other vehicle has made off without stopping so to a certain extent it is a self-selecting criteria). No details of the fault vehicle or the driver tend to have been obtained or recorded so an injured person’s only option would be the Untraced Driver’s Agreement.’
Park Square Barristers, 8th February 2017
Source: www.parksquarebarristers.co.uk
‘The technology behind an artificial intelligence (AI) app developed to help businesspeople draft confidentiality agreements will be extended to other commercial and consumer products such as wills, and may in time be suitable for family law cases, according to its creator.’
Legal Futures, 22nd November 2016
Source: www.legalfutures.co.uk
‘Losing access to the EU’s trade agreements would cost UK importers an extra £1.2 billion a year, according to research conducted on behalf of the Open Britain campaign.’
OUT-LAW.com, 15th November 2016
Source: www.out-law.com
‘The Electronic Communications Code is contained in the Telecommunications Act 1984 Schedule 2, as amended by Schedule 3 to the Communications Act 2003 (“the Existing Code”).’
Falcon Chambers, September 2016
Source: www.falcon-chambers.com
‘Can a successful claimant recover the costs of a funding agreement from the defendant? No in litigation but yes in arbitration, according to the Commercial Court in Essar Oilfields Services Limited v Norscot Rig Management PVT Limited. This decision has sent shockwaves through the arbitration community.’
Hardwicke Chambers, 25th October 2016
Source: www.hardwicke.co.uk
In re Nortel Networks UK Ltd and related companies [2016] EWHC 2769 (Ch)
‘The administrators of nineteen Europe, Middle East and Africa companies in the N group and the conflict administrator of one of those companies applied for directions enabling a global settlement to be made of the vast majority of disputes that had arisen in relation to the affairs of the group and the distribution of the proceeds of sale of its assets.’
WLR Daily, 31st November 2016
Source: www.iclr.co.uk
‘An insolvent firm of solicitors could validly assign conditional fee agreements (CFAs) to another law firm, a circuit judge has ruled in a much-anticipated case that is expected to end up in the Court of Appeal.’
Litigation Futures, 12th May 2016
Source: www.litigationfutures.com
‘Having successfully obtained judgment for your client in a case where your firm of solicitors is acting under a conditional fee agreement (CFA), it is only natural that thoughts will turn to the firm’s own impending financial reward. But the terms of a CFA, negotiated at the outset of the case, can prove to be a barrier to their underlying commercial purpose: payment by result.’
Hardwicke Chambers, 17th March 2016
Source: www.hardwicke.co.uk
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
‘A contract for the supply of marine fuel on credit was not governed by the 1979 Sale of Goods Act (SOGA), because full legal ownership of the fuel did not pass to the owners of the vessel before it was consumed, the Court of Appeal has ruled.’
OUT-LAW.com, 26th October 2015
Source: www.out-law.com
‘A pact that helped the tech giants and others send personal data from the EU to the US has been ruled invalid.’
BBC News, 6th October 2015
Source: www.bbc.co.uk
‘A Civil Justice Council (CJC) report has made 45 recommendations aimed at boosting the uptake of Damages-Based Agreements (DBAs), which were a key part of the Jackson reforms but whose use has been limited.’
Local Government Lawyer, 2nd September 2015
Source: www.localgovernmentlawyer.co.uk
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