Appeal court finds Sammy Lee gave false evidence over Bolton transfer deal – The Guardian

Posted November 8th, 2016 in agency, appeals, contracts, evidence, news, sport by sally

‘A high court judgment in which the current England assistant manager, Sammy Lee, was found to have knowingly given false evidence has been upheld by the court of appeal. Lee, when manager of Bolton Wanderers for a short period in 2007 having taken over from Sam Allardyce, was found to have lied about his club’s involvement in signing the midfield player Gavin McCann, who had been poached by the agents SEM.’

Full story

The Guardian, 7th November 2016

Source: www.guardian.co.uk

Champion poker player loses appeal against London casino over his £7.7 million winnings – Daily Telegraph

Posted November 4th, 2016 in appeals, contracts, gambling, news by tracey

‘A top poker player has lost his £7.7 million battle against a London casino at the Court of Appeal as a judge said his “edge-sorting” skills amounted to cheating despite the fact he was not dishonest.’

Full story

Daily Telegraph, 3rd November 2016

Source: www.telegraph.co.uk

Kilker Projects Ltd v Purton (trading as Richwood Interiors) – WLR Daily

Posted October 31st, 2016 in construction industry, contracts, news, repayment, service by sally

Kilker Projects Ltd v Purton (trading as Richwood Interiors) [2016] EWHC 2616 (TCC)

‘The parties entered into an oral construction contract, to which the Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 applied. Following completion of the works, a dispute arose as to the sums due in respect of the final account. In a first adjudication, the adjudicator, having held that no valid “payment notice” or “pay less notice” had been served by the employer, ordered it to pay the “notified sum”, as defined by section 111 of the Housing Grants, Construction and Regeneration Act 1996, in respect of the contractor’s final account application. The employer subsequently paid the judgment sum. In a second adjudication, the adjudicator determined the true value of the final account for the works and directed the contractor to repay the employer a sum found to have been overpaid. On the employer’s application to enforce that decision, the contractor contended that adjudicator had not had jurisdiction to determine the dispute because it had been decided in the earlier adjudication.’

WLR Daily, 22nd September 2016

Source: www.iclr.co.uk

Broadband advert rule changes come into effect – BBC News

Posted October 31st, 2016 in advertising, consumer protection, contracts, internet, news by sally

‘New rules forcing broadband firms to be clearer in adverts on the costs of their contracts have come into effect.’

Full story

BBC News, 31st October 2016

Source: www.bbc.co.uk

Supreme Court upholds clause excluding professional indemnity cover for commercial arrangements – OUT-LAW.com

Posted October 27th, 2016 in appeals, contracts, insurance, law firms, legal services, news, solicitors, Supreme Court by sally

‘Loans provided to the clients of a firm of solicitors by a third party funder were not ‘legal services’, and so were not covered by the terms of the firm’s professional indemnity (PI) policy, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 26th October 2016

Source: www.out-law.com

Speech by Mr Justice Leggatt – ‘Contractual duties of good faith’ – Courts and Tribunals Judiciary

Posted October 25th, 2016 in barristers, contracts, judges, speeches by michael

‘In Cantonese “Yam seng” means “drink to success”. It is a phrase used when drinking a toast – or, as a Singapore dictionary describes it: “An exclamation made before an alcoholic drink is consumed”. It was also the name of the claimant company in one of the first cases that I heard when I went on the bench…’

Full text

Lecture to the Commercial Bar Association, 18 October 2016

Source: www.judiciary.gov.uk

High Court confirms distinction in law between interim and final payments – Out-Law.com

Posted October 24th, 2016 in construction industry, contracts, dispute resolution, news by michael

‘A second “valuation” adjudication confirming the value of the final payment due under a construction contract is permissible, the High Court has ruled.’

Full story

Out-Law.com, 21st October 2016

Source: www.out-law.com

Legal Aid Agency to clarify ’embarrassment clause’ after legal threat – Local Government Lawyer

Posted October 21st, 2016 in contracts, legal aid, news by sally

‘The Legal Aid Agency has agreed to clarify the remit of the so-called ‘embarrassment clause’ it sought to include in one of its contracts, it has been reported.’

Full story

Local Government Lawyer, 19th October 2016

Source: www.localgovernmentlawyer.co.uk

High Court challenge over award of helpline contract to G4S fails – Local Government Lawyer

Posted October 6th, 2016 in contracting out, contracts, equality, law centres, news, telecommunications by tracey

‘The Law Centres Network (LCN) has lost its bid to prevent G4S being awarded a government contract to run the Equality Advisory Support Service (EASS) helpline.’

Full story

Local Government Lawyer, 6th October 2016

Source: www.localgovernmentlawyer.co.uk

G4S equality helpline contract raises serious concern, high court told – The Guardian

‘Awarding global security firm G4S the contract to run a national discrimination helpline raises “serious and legitimate grounds for concern” and risks undermining the service’s credibility, the high court has been told. A judicial review challenge supported by human rights groups and the Law Centres Network has called on the government to delay transferring operation of the Equality Advisory and Support Service (EASS) to G4S.’

Full story

The Guardian, 29th September 2016

Source: www.guardian.co.uk

Junior doctors take contract fight to high court – BBC News

Posted September 19th, 2016 in contracts, doctors, industrial action, ministers' powers and duties, news, ultra vires by tracey

‘Junior doctors in England are going to the High Court to try and stop the government imposing a new contract.’

Full story

BBC News, 19th September 2016

Source: www.bbc.co.uk

Amazon Dash button launch may run into problems with EU law, says expert – OUT-LAW.com

Posted September 5th, 2016 in consumer protection, contracts, EC law, electronic commerce, news, sale of goods by sally

‘Amazon launched its Dash button service in Europe this week, providing users with Wi-Fi connected ‘buttons’ to order products such as toilet paper and washing powder.’

Full story

OUT-LAW.com, 2nd September 2016

Source: www.out-law.com

Are you aware of the impact of the Insurance Act? – Legal Futures

Posted August 30th, 2016 in contracts, disclosure, fraud, insurance, legislation, news by sally

‘You may not have picked up on it, but the recent change to The Insurance Act 2015 is the most significant update to commercial insurance law in the last 100 years, overhauling principles originally laid down by the Marine Insurance Act 1906. The consequences are far-reaching and mean that it is not just your regulator that is interested in ensuring you have adequate risk management in place. Whilst insurers tell us the intention of the new Act is to create a more balanced relationship between insurer and customer, it seems to be a potential landmine for law firms.’

Full story

Legal Futures, 26th August 2016

Source: www.legalfutures.co.uk

Legal, contractual and ethical issues arise from increased robotics in manufacturing, says expert – OUT-LAW.com

‘The anticipated rise in the use of robots will force manufacturers to rethink contracts with technology suppliers to ensure risks stemming from their use can be passed on.’

Full story

OUT-LAW.com, 25th August 2016

Source: www.out-law.com

You have my word: Oral Variations of Licence – Hardwicke Chambers

Posted August 25th, 2016 in appeals, contracts, news by sally

‘There has been some uncertainty on whether anti-oral variation clauses are binding. In 2000 and 2002 the Court of Appeal delivered conflicting judgments on the matter. However, this year we have been treated to two judgments in as many months. This article reviews the decision in MWB Business Exchange Centres Limited v Rock Advertising Limited [2016] EWCA Civ 553 and considers its impact for property lawyers.’

Full story

Hardwicke Chambers, 8th August 2016

Source: www.hardwicke.co.uk

The legal consequences of illegality: The Supreme Court’s judgment in Patel v Mirza – Cloisters

Posted August 25th, 2016 in appeals, contracts, illegality, insider dealing, news, Supreme Court by sally

‘When the Court of Appeal heard this claim, Gloster LJ began her judgment with what Lord Toulson in the Supreme Court called a “cri de coeur”.’

Full story

Cloisters, 26th July 2016

Source: www.cloisters.com

Timeshare mis-selling: An Introduction to the Problem – Park Square Barristers

Posted August 24th, 2016 in contracts, EC law, misrepresentation, news, time sharing by sally

‘I have recently been getting to grips with the complex world of timeshare contracts and timeshare mis-selling. This requires the mastery of a very wide spectrum of legal doctrines and concepts which are not often wedded together in practice: simple contract, and from that misrepresentation actions (they are hard, and include therein a knowledge of exclusion clause and entire agreement clause law), time share regulation legislation, land law, service charge law, private international law, club law, consumer credit law (which is crucial), and EU and “consumer law” – which, as anyone who knows anything about the Bank Charges litigation knows, is a very difficult legal landscape in its own right.’

Full story

Park Square Barristers, 11th August 2016

Source: www.parksquarebarristers.co.uk

Costs judge gives another CFA assignment the thumbs-up – Litigation Futures

Posted August 24th, 2016 in assignment, contracts, costs, fees, news, part 36 offers, solicitors by sally

‘The assignment of conditional fee agreements (CFAs) is under the spotlight yet again after a costs judge ruled that one had been validly made.’

Full story

Litigation Futures, 23rd August 2016

Source: www.litigationfutures.com

Rise in women facing discrimination on taking maternity leave – The Guardian

‘New mothers are facing increasing discrimination when they take maternity leave including being made redundant and switched to zero-hours contracts.’

Full story

The Guardian, 21st August 2016

Source: www.guardian.co.uk

Judge stays case until claimants pay correct court fee – Law Society’s Gazette

Posted August 17th, 2016 in contracts, fees, news, stay of proceedings by sally

‘The High Court has ruled that a contract claim against retailer Sports Direct should be stayed until the claimant has paid the correct court fee.’

Full story

Law Society’s Gazette, 16th August 2016

Source: www.lawgazette.co.uk