‘A high court battle pitting rail operators against the government is due to start on Monday, with Stagecoach and others seeking tens of millions of pounds in compensation in a case that could have far-reaching implications for the privatised rail system.’
The Guardian, 19th January 2020
Source: www.theguardian.com
‘A repudiatory breach of a contract (or a renunciation) can be a powerful weapon in the hands of the innocent party to the contract – it gives them a choice:
– Affirm the contract – keep it ongoing, sue for specific performance of whatever contractual obligation the other party has breached, and/or claim damages suffered as a result of the breach; or
– Accept the repudiation – bring the contract to an end, discharging both parties from further performance, and claim damages for loss occasioned by the termination.’
Wilberforce Chambers, 8th January 2020
Source: www.wilberforce.co.uk
‘The replacement of LIBOR and the growth in class actions are set to come to the fore for banking litigators, according to specialist solicitors.’
Litigation Futures, 7th January 2020
Source: www.litigationfutures.com
‘The issue of Third Party Ownership in football remains a live one, despite FIFA’s outright prohibition in 2015. Any analysis of the current landscape needs to start with an understanding of what is meant by Third Party Ownership, or TPO for short.’
Blackstone Sports Law Bulletin, 6th January 2020
Source: www.sportslawbulletin.org
‘We don’t see the section 106 residential occupier exemption appearing in the law reports all that often, possibly because the law surrounding its meaning is fairly well settled, particularly since Coulson J’s 2013 judgment in Westfields Construction Ltd v Lewis. Therefore, I was rather intrigued by the judgment in Howsons Ltd v Redfearn and another. It dates from the summer but is an interesting read because the judge, HHJ Nigel Bird, appears to have extended the section 106 residential occupier test to cover the question of lawfulness of occupation.’
Practical Law Construction Blog, 17th December 2019
‘A solicitor who had an oral agreement with the son-in-law of a client that he would cover the legal fees did not fall foul of the 1677 Statute of Frauds, the Court of Appeal has ruled.’
Litigation Futures, 16th December 2019
Source: www.litigationfutures.com
‘Since my colleague Eveline Strecker last blogged about modular construction, it has continued to develop in popularity. The more we see of modular, the more it becomes clear that it is a very different beast to “traditional” construction projects, demanding an evolution in procurement routes and contract content.’
Practical Law Construction Blog, 11th December 2019
‘The Claimants were cycle couriers who provided services to City Sprint in relation to City Sprint’s contract with HCA Healthcare. City Sprint lost this contract to Ecourier.’
Littleton Chambers, 9th December 2019
Source: www.littletonchambers.com
‘“No Oral Modification” clauses (“NOMs”) are regularly found in the boilerplate clauses towards the back of contracts. They are designed, and included, to try to impose some formality on future changes to the contractual arrangement between the parties. But does this work, and, if so, how? The conceptual difficulty with such clauses has been around for centuries.’
Wilberforce Chambers, 5th December 2019
Source: www.wilberforce.co.uk
‘There is no basis for a law firm’s challenge to a Legal Aid Agency (LAA) decision to reject its tender for a legal aid contract, the High Court has ruled.’
Legal Futures, 9th December 2019
Source: www.legalfutures.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
‘Camden Council has submitted claims to the High Court to recover costs from the contractor PFIC (Partners for Improvement in Camden) and its principal subcontractors, who previously had responsibility for refurbishment and maintenance of the Chalcots Estate, under a private finance initiative agreement.’
Local Government Lawyer, 29th November 2019
Source: www.localgovernmentlawyer.co.uk
‘Recent decisions considering time bars and notification provisions have generated considerable commentary and discussion over the last few months. One of these is Boskalis Offshore Marine Contractive BV v Atlantic Marine and Aviation LLP (the “Atlantic Tonjer”) which concerned notification provisions in a payment clause and the timely challenge of disputed invoices before they were due for payment.’
Practical Law: Construction Blog, 26th November 2019
‘When interpreting a property contract the applicable principles are essentially the same as those applied to any other contract. However, it is easy to overlook the fact that there remain some distinct principles of particular relevance or application to property contracts. This short paper identifies two examples.’
Wilberforce Chambers, 13th November 2019
Source: www.wilberforce.co.uk
‘In its first substantive output since being announced a year ago, the LawTech Delivery Panel last week posted good news for anyone developing, or working with, products based on blockchain encryption technology.’
Law Society's Gazette, 25th November 2019
Source: www.lawgazette.co.uk
‘The recent Court of Appeal judgment in Farrar v Rylatt should serve as a warning to practitioners of the uphill struggle that a party faces when attempting to appeal a trial judge’s findings of fact.’
Practical Law: Construction Blog, 22nd November 2019
‘Round one was an adjudication enforcement application before Lord Doherty in the Scottish courts. The contractor (Dickie & Moore) had succeeded in an adjudication and, when the adjudicator’s decision went unpaid, issued court proceedings to get its money.’
Practical Law: Construction Blog, 19th November 2019
‘A UK Government-backed task force has reviewed the status of cryptocurrencies and smart contracts under the existing law. In a new Legal Statement, they offer some welcome clarity to these evolving technologies.’
Technology Law Update, 19th November 2019
Source: www.technology-law-blog.co.uk
‘In Barclays Bank plc v Quincecare Ltd [1992] 4 All ER, Steyn J held that it was an implied term of the contract between a bank and a customer that the bank would use reasonable care and skill in and about executing the customer’s order. This term would be breached if the bank executed the order knowing it to be dishonestly given, or shut its eyes to the obvious fact of the dishonesty, or acted recklessly in failing to make such enquiries as an honest and reasonable man would make. In order to comply with that term, the bank should refrain from executing a customer’s order if and for so long as it was put on inquiry by having reasonable grounds for believing that the order was an attempt to misappropriate funds.’
Forum Chambers, 19th November 2019
Source: www.forumchambers.com
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