‘In Alphier Capital LLP v Blyvoor Gold Capital (Pty) Ltd [2024] EWHC 2649 (ChD), the High Court refused to strike out a claim brought by an assignee, notwithstanding a contractual bar on assignment. Instead, it allowed the addition of the original assignor who could pursue the claim at trial.’
Henderson Chambers, 4th November 2024
Source: www.hendersonchambers.co.uk
’39 Essex Chambers barristers Vikram Sachdeva KC and Jake Thorold have successfully represented the appellant in a Court of Appeal case concerning the amenability to judicial review of a decision of an adjudicator appointed by the Secretary of State determining a dispute arising out of a contract governing the provision of primary care services.’
39 Essex Chambers, 3rd December 2024
Source: www.39essex.com
‘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
‘This month’s issue reviews the summaries of two cases decided in May 2024: (i) MUR Shipping BV v RTI Ltd [2024] UKSC 18 and (ii) Great Lakes Reinsurance (UK) Plc v RAV Bahamas Ltd [2024] UKPC 11.’
4-5 Gray’s Inn Square, 4th November 2024
Source: www.4-5.co.uk
‘A recent Technology and Construction Court (TCC) case in the UK highlights several important issues that preoccupy outsourcing and technology lawyers during contract negotiations.’
OUT-LAW.com, 22nd October 2024
Source: www.pinsentmasons.com
‘This blogpost revisits the 2011 UK Supreme Court decision in Jivraj v Hashwani [2011] UKSC 40, which adopted a narrow reading of the personal scope of the Equality Act 2010 as it applies to the self-employed. It argues that this decision represented a wrong turn in the law, which should now be reversed by the courts or corrected by the legislature – especially in light of the January 2023 Court of Justice of the European Union (“CJEU”) decision in Case C-356/21, TP v JK, and the stated commitment of the newly elected Labour government to “ensuring those [equality] provisions that were previously derived from EU law remain enshrined in UK law”.’
UK Labour Law, 25th September 2024
Source: uklabourlawblog.com
‘In a significant decision clarifying the scope of the ‘Mackay v Dick’ principle, the Court of Appeal has ruled that a party cannot rely on the non-fulfilment of a condition precedent to a debt to avoid its obligation to pay where the non-fulfilment is caused by its own breach of contract. The decision reflects the English contract law maxim that a person should not be permitted to take advantage of their own wrongdoing.’
Gatehouse Chambers, 7th August 2024
Source: gatehouselaw.co.uk
‘The former law lord who presided over the arbitration whose $11bn award was later found to have been obtained by fraud has said there was nothing the panel could have done differently.’
Legal Futures, 13th September 2024
Source: www.legalfutures.co.uk
‘Helen Arthur provides an update on an important Court of Appeal ruling in a case concerning the proper construction of termination provisions in a JCT 2016 Design & Build form of Contract.’
Local Government Lawyer, 23rd August 2024
Source: www.localgovernmentlawyer.co.uk
‘An American singer has won a £20,000 payout after an independent music company failed to pay his wages and left him pleading for dinner money.’
BBC News, 22nd August 2024
Source: www.bbc.co.uk
‘It was probably inevitable that the retrospective extension of time to 30 years for bringing claims under the Defective Premises Act 1972 (the “DPA”), introduced by the Building Safety Act 2022, would lead to increased scrutiny of the DPA. Until then, with some honourable exceptions, the DPA had received relatively little attention, no doubt because, in most cases, it presented a more difficult route to ascend up the same mountain as would a claim in contract or tort. All that has now changed.’
Gatehouse Chambers, 22nd July 2024
Source: gatehouselaw.co.uk
‘Dispute Resolution analysis: A long-standing judgment creditor has failed in largely undefended claims for unlawful means conspiracy and the Marex tort in a judgment which shines significant light on the approach of the Court to claims which are not actively defended.’
Gatehouse Chambers, 26th July 2024
Source: gatehouselaw.co.uk
‘Applications were made to the Building Safety Fund (“BSF”) in respect of two high rise developments in Birmingham with cladding defects. In the event that BSF funding was provided, the developers would have been expected to reimburse the BSF funding less any proceeds from insurance claims (pursuant to a pledge referred to in the BSF guidance signed by the developers; many developers, including the appellants, have now signed a deed of bilateral contract to give the pledge commitments contractual force).’
Falcon Chambers, 22nd July 2024
Source: www.falcon-chambers.com
‘The Court of Appeal has handed down judgment in the case of Northamber PLC v Genee World Limited anors [2024] EWCA Civ 428. Arnold LJ, with whom Phillips LJ and Lewisham LJ agreed, has shed light on important aspects of claims for inducing breach of contract.’
Littleton Chambers, 24th July 2024
Source: littletonchambers.com
‘The First Respondent (“LCL”) agreed to loan £1,881,000 to the Third Appellant, CEK Investments Limited (“CEK”), for a period of 12 months. The loan was secured by a debenture over CEK’s assets, personal guarantees from CEK’s directors the First Appellant and her husband (who had subsequently died and whose estate was now represented by their son, the Second Appellant), and mortgages over 5 buy-to-let properties and their family home.’
Falcon Chambers, 4th July 2024
Source: www.falcon-chambers.com
‘In Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23 the Supreme Court decided unanimously that the collateral warranty in issue was not a construction contract for the purposes of the 1996 Act and that most collateral warranties will also be regarded as the same. This overrules the decision of the Technology and Construction Court (TCC) in Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd [2013] EWHC 2665 (TCC). The Supreme Court’s judgment provides much-needed clarity for the industry.’
Local Government Lawyer, 17th July 2024
Source: www.localgovernmentlawyer.co.uk
‘A recent Court of Appeal ruling is a reminder of the applicable limitation periods for those procurements commenced under the current regime, write John Houlden, Laura Tudor and Abigail Cropper.’
Local Government Lawyer, 12th July 2024
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has allowed an appeal over whether a private hire operator outside London is required by legislation to enter into a contract as principal with a person who makes a booking for their vehicle. Gerald Gouriet KC and Michael Feeney examine the ruling and its wider impact.’
Local Government Lawyer, 15th July 2024
Source: www.localgovernmentlawyer.co.uk
‘The Technology and Construction Court has granted a declaration sought by the Secretary of State for Health and Social Care that certain documents relating to an aborted contract for Covid-19 lateral flow test kits are under the control of the main contractor in the dispute.’
Local Government Lawyer, 11th July 2024
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2024