‘The Court of Appeal (CoA) has dismissed an appeal in which the Republic of Kazakhstan (RoK) and its national bank argued that their custodian bank, Bank of New York Mellon (BNYM), had acted in breach of contract by freezing their assets in accordance with foreign court orders.’
OUT-LAW.com, 26th June 2018
Source: www.out-law.com
‘In Victory House General Partner Ltd, Re A Company [2018] EWHC 1143 (Ch), the court dismissed a party’s winding-up petition as the employer’s cross-claim was bona fide and the debt was disputed on substantial grounds.’
Practical Law: Construction Blog, 22nd June 2018
‘A conditional fee agreement (CFA) that named the wrong defendant was still valid when read in the wider context of the claim, the Court of Appeal has ruled.’
Litigation Futures, 20th June 2018
Source: www.litigationfutures.com
‘A widely-drafted exclusion clause in the standard terms of a fire protection system provider was not unreasonable, and therefore should be upheld, the Court of Appeal has confirmed.’
OUT-LAW.com, 19th June 2018
Source: www.out-law.com
‘A genial sheikh and an overly optimistic hotelier enter a joint venture to develop a chain of luxury hotels and an online travel business. What could possibly go wrong? Other than a global financial meltdown, the Greek debt crisis, a volcano in Iceland, threats of physical violence, blackmail, accusations of swindling, furtive double-dealing, rampant opportunism and – it turns out – breach of a contractual duty of good faith.’
Hardwicke Chambers, 16th May 2018
Source: www.hardwicke.co.uk
‘An appeal court judge has expressed his “dismay” after estimating that legal costs “not far shy of £2m” had been spent in a case involving over 800 claims for flight-related compensation each worth only a few hundred pounds.’
Litigation Futures, 5th June 2018
Source: www.litigationfutures.com
‘The Court of Appeal has criticised both parties in a flight compensation group claim for creating a situation where costs finished up ‘out of all proportion’ to the amount sought.’
Law Society's Gazette, 1st June 2018
Source: www.lawgazette.co.uk
‘Mitchell Abbott, trainee in the dispute resolution team at CMS, offers comment on the decision of the Supreme Court in the matter of Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24.’
Supreme Court Blog, 18th May 2018
Source: ukscblog.com
‘For many years, parts of the construction sector have pushed for improvement of the market’s treatment of retention monies. Post-Carillion and its devastating impact on suppliers, however, matters may have reached a tipping point. On 9 January 2018 – a few days before the construction giant’s collapse – the backbencher Peter Aldous introduced the Construction (Retention Deposit Schemes) Bill under Parliament’s Ten Minute Rule. Given the importance of government support in mustering a majority in the House of Commons, relatively few Private Members’ Bills (PMB) become law. To this end, proponents of the “Aldous Bill”, not least the Waveney MP himself, have been busily promoting its merits within the industry and rallying support among politicians ahead of it being debated by MPs at the second reading.’
Practical Law: Construction Blog, 15th May 2018
‘A circuit judge was wrong to deny a claimant recovery of £20,000 in credit hire charges because she had been assured that she would never have to pay any outstanding sums herself, the High Court has ruled.’
Litigation Futures, 16th May 2018
Source: www.litigationfutures.com
‘A dog trainer to the royals has won a High Court battle with a disgruntled customer after a judge ruled she was “not dealing with a machine, but a puppy”.’
Daily Telegraph, 10th May 2018
Source: www.telegraph.co.uk
‘PAUL NICHOLLS QC, MATRIX Case Comments: It is often very difficult in cases involving breaches of restrictive covenants and misuse of confidential information to recover damages. It can be hard to prove loss. Employees may adduce evidence to show, for example, that customers would have ceased to deal with the claimant employer as a result of the mere fact of the employee’s departure such that the employee’s breach of a non-solicitation covenant has not caused loss. In cases about misuse of confidential information, the employee may be able to show that information wrongly removed could easily have been obtained from legitimate sources such that no loss flows from the misuse.’
UK Supreme Court Blog, 24th April 2018
Source: ukscblog.com
‘Recently, in the course of reviewing a proposed building contract for an employer, I had cause to consider how responsibility for obtaining planning consents had been addressed. Or rather, whether it had been addressed at all. Jean-François Clin v Walter Lilly & Co Ltd is a forceful reminder to effectively deal with this issue. The Court of Appeal held that, in the absence of an express term to the contrary, a term was implied into the parties’ contract requiring the employer to obtain planning permission for redevelopment of the property and, generally, making the employer responsible for obtaining necessary consents.’
Practical Law: Construction Blog, 11th April 2018
‘Boxing promoter Frank Warren has failed in his effort to avoid paying his solicitors under conditional fee agreements (CFAs) where he did not receive any damages or costs despite winning his case.’
Litigation Futures, 28th March 2018
Source: www.litigationfutures.com
‘The employer under a standard form construction contract is not under an absolute obligation to obtain planning permission or conservation consent before the works can go ahead, the Court of Appeal has ruled.’
OUT-LAW.com, 22nd March 2018
Source: www.out-law.com
‘Two recent judgments illustrate the difficulties that oral contracts can cause in adjudication enforcement proceedings. The first was Jefford J’s judgment in Hart v Ideal and the second (although actually the first in time) was Fraser J’s judgment in Dacy v IDM (which had also been before Jefford J a couple of years earlier).’
Practical Law: Construction Blog, 20th march 2018
‘Some judgments seem destined to be blogged about (at least by me) and Baldwin v J Pickstock Ltd is one such judgment. It’s all about the adjudicator’s decision (or lack of), whether there was an extension of time for reaching that decision and whether the adjudicator had properly resigned and should be paid for the work he did (even though he did not reach a decision). It’s not quite Cubitt Building & Interiors v Fleetglade, but it does demonstrate how adjudicators need to be alive to banana skin tactics, even those coming from the referring party!’
Practical Law: Construction Blog, 13th March 2018
‘Anglia Ruskin University has said it will robustly defend legal action brought by a former student over what she has said were misleading claims about the quality of teaching.’
Local Government Lawyer, 14th March 2018
Source: www.localgovernmentlawyer.co.uk
‘A law firm with offices in Italy and England has reached the end of the line in challenging a ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’
Legal Futures, 9th March 2018
Source: www.legalfutures.co.uk
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