Growing AI litigation risk requires business response – OUT-LAW.com

‘The risk businesses face from litigation is changing as artificial intelligence (AI) tools become more popular. Businesses need to recognise this and consider the different kinds of risks associated with AI technology and how they might give rise to liability.’

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OUT-LAW.com, 5th February 2024

Source: www.pinsentmasons.com

Lord Sales, The Interface Between Contract and Equity – Supreme Court

Posted January 2nd, 2024 in contracts, equity, fiduciary duty, lectures, news by tracey

‘Lord Sales, The Interface Between Contract and Equity – Equity Conference 2023’

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Supreme Court, 19th December 2023

Source: www.supremecourt.uk

How UK law on adjudication looks heading into 2024 – OUT-LAW.com

Posted December 15th, 2023 in appeals, construction industry, contracts, dispute resolution, news by tracey

‘Construction companies that encounter disputes in 2024 can learn lessons from case law established in 2023 concerning the operation of so-called serial adjudications and when an adjudicator’s decision might breach principles of natural justice.’

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OUT-LAW.com, 14th December 2023

Source: www.pinsentmasons.com

Multi-million-pound defective design claim out of time – Mills & Reeve

Posted December 12th, 2023 in construction industry, contracts, limitations, news by sally

‘Here’s our guide to scope of duty and limitation in a wide-ranging judgment handed down by the Technology and Construction Court. The decision in Lendlease Construction (Europe) Limited v Aecom Limited [2023] EWHC 2620 (TCC) provides a helpful review of these issues in the context of construction projects.’

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Mills & Reeve, 12th December 2023

Source: www.mills-reeve.com

UK Supreme Court ruling clarifies fair treatment of expert evidence at trial – OUT-LAW.com

Posted December 7th, 2023 in contracts, evidence, expert witnesses, holidays, news, Supreme Court by michael

‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’

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OUT-LAW.com, 6th December 2023

Source: www.pinsentmasons.com

Applicable law for construction and engineering contracts: constraints on freedom of choice – OUT-LAW.com

Posted November 24th, 2023 in construction industry, contracts, interpretation, news by tracey

‘Choosing which law should govern construction and engineering contracts – i.e., the “applicable”, “proper” or “governing” law – impacts how those contracts will be interpreted.’

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OUT-LAW.com, 23rd November 2023

Source: www.pinsentmasons.com

Generative AI could make contract negotiation “worse” – Legal Futures

Posted November 20th, 2023 in artificial intelligence, contracts, news by tracey

‘Generative artificial intelligence (AI) could make commercial contract negotiations “worse”, the founder of contracting specialists Radiant Law has argued.’

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Legal Futures, 20th November 2023

Source: www.legalfutures.co.uk

Development agreements: the contractual duty to act in good faith – Tanfield Chambers

Posted November 8th, 2023 in chambers articles, construction industry, contracts, news by sally

‘Jonathan Upton looks at why parties to a development agreement need to be aware of the general principles applying to good faith clauses.’

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Tanfield Chambers, 25th October 2023

Source: www.tanfieldchambers.co.uk

Speech by Mr Justice Foxton: The Beatles and the Law – Courts and Tribunals Judiciary

Posted October 30th, 2023 in artistic works, contracts, copyright, damages, intellectual property, news by tracey

‘A Talk to the Liverpool Business and Property Courts Forum, The Brett Lecture Theatre, Yoko Ono Lennon Centre, University of Liverpool.’

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Courts and Tribunals Judiciary, 24th October 2023

Source: www.judiciary.uk

Specialist lawyers publish free AI contract clauses – Legal Futures

Posted October 26th, 2023 in artificial intelligence, contracts, news by sally

‘The Society for Computers and Law (SCL) has launched a set of free contractual clauses for transactions involving artificial intelligence (AI).’

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Legal Futures, 26th October 2023

Source: www.legalfutures.co.uk

English court reminds construction contract payment provisions to be ‘compliant’ – OUT-LAW.com

Posted September 28th, 2023 in construction industry, contracts, news, time limits by tracey

‘An English court has reminded the construction sector of the importance of complying with the mandatory payment provisions in the Housing Grants, Construction and Regeneration Act 1996 (1996 Act) in payment provisions, in a case in which it found that a contract which requires the submission of VAT invoice to fix the final date for payment is not compliant.’

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OUT-LAW.com, 27th September 2023

Source: www.pinsentmasons.com

Tory peer cleared for second time of breaking lobbying rules over PPE contracts – The Guardian

Posted September 28th, 2023 in contracts, coronavirus, lobbying, news, parliament, standards by tracey

‘A Conservative peer has been cleared of breaking lobbying rules for a second time by the House of Lords watchdog over introducing a company that was awarded government PPE contracts worth £50m.’

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The Guardian, 27th September 2023

Source: www.theguardian.com

Construction terms: contractual notices and condition precedent notices – OUT-LAW.com

Posted August 11th, 2023 in construction industry, contracts, news, notification, precedent by tracey

‘The precise difference between the definition of a contractual notice and a condition precedent notice can be difficult to discern.’

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OUT-LAW.com, 10th August 2023

Source: www.pinsentmasons.com

‘Court rent accounts’, McKenzie Friends and allegedly inducing breach of contract. – Nearly Legal

Posted August 10th, 2023 in contracts, freezing injunctions, McKenzie friends, news, rent, repossession by tracey

‘Katrina McCarthy was apparently acting as a McKenzie Friend for a Notting Hill Genesis tenant. Notting Hill assert that in the course of “assisting” the tenant, Katrina McCarthy “induced the tenant to start paying his rent directly into her own bank account. She had represented to the tenant that she would then transfer the funds into a “court rent account” so that he could “offset” his rent whilst a disrepair dispute with Notting Hill was resolved.” ‘

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Nearly Legal, 9th August 2023

Source: nearlylegal.co.uk

How not to talk about capacity and mental illness – Doughty Street Chambers

‘A recent High Court appeal – concerning an application made by a litigation friend to be discharged from her position – contains some useful observations on inappropriate submissions and language used by lawyers in cases raising issues of mental illness and capacity.’

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Doughty Street Chambers, 19th July 2023

Source: insights.doughtystreet.co.uk

The Separability Principle: the Newcastle Express Case – Wilberforce Chambers

Posted August 1st, 2023 in arbitration, chambers articles, contracts, news by sally

‘Ever since the House of Lords decision in Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, the principle of the separability of arbitration agreements has been the subject of much debate. Attention continues to be drawn to the distinct nature of an arbitration agreement within a contract. In last month’s article in this series, the question of the governing law of an arbitration agreement as being potentially distinct from the governing law of the contract in which it appears was considered, in the context of the Singapore Court of Appeal’s important decision in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1.’

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Wilberforce Chambers, July 2023

Source: www.wilberforce.co.uk

Judge lambasts City firm over costs bill – Law Society’s Gazette

Posted July 21st, 2023 in budgets, case management, construction industry, contracts, costs, law firms, news by tracey

‘A City firm has been lambasted by a judge for a costs bill fiasco which saw clients applying for relief at the High Court.’

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Law Society's Gazette, 20th July 2023

Source: www.lawgazette.co.uk

Construction law terms: assignment and novation – OUT-LAW.com

Posted July 17th, 2023 in assignment, construction industry, contracts, news by tracey

‘The terms “assignment” and “novation” are sometimes used interchangeably in relation to construction projects, but they are, in fact, very different.’

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OUT-LAW.com, 14th July 2023

Source: www.pinsentmasons.com

What is ‘reasonable notice’? – 3 Hare Court

Posted July 10th, 2023 in chambers articles, contracts, news, notification by sally

‘In the absence of a formal written agreement, how will the courts determine “reasonable notice” for termination? Anna Lancy & Robert Strang consider the key factors in this New Law Journal article.’

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3 Hare Court, 12th June 2023

Source: www.3harecourt.com

Construction disputes and FIDIC: how the 1999 Red Book deals with disputes – OUT-LAW.com

Posted July 3rd, 2023 in arbitration, construction industry, contracts, dispute resolution, news by tracey

‘The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.’

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OUT-LAW.com, 3rd July 2023

Source: www.pinsentmasons.com