Category: contracts

Standard Chartered Bank v Dorchester LNG (2) Ltd – WLR Daily

Posted October 28th, 2014 in banking, bills, carriage of goods, contracts, documents, law reports, shipping law by sally

Standard Chartered Bank v Dorchester LNG (2) Ltd [2014] EWCA Civ 1382; [2014] WLR (D) 440

‘The expression “completion, by delivery of the bill, of any indorsement of the bill” in section 5(2)(b) of the Carriage of Goods by Sea Act 1992 meant that completion of an indorsement by delivery required the voluntary and unconditional transfer of possession by the holder to the indorsee and an unconditional acceptance by the indorsee.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

Insurance surgery: A new regime – New Law Journal

Posted October 23rd, 2014 in bills, contracts, damages, disclosure, fraud, insurance, news, warranties by sally

‘The Insurance Bill may alter centuries old law on disclosure by commercial policyholders, warranties & remedies for fraud & place more emphasis on active underwriting, says James Deacon.’

Full story

New Law Journal, 23rd October 2014

Source: www.newlawjournal.co.uk

Do me a favour! – New Law Journal

Posted October 22nd, 2014 in competition, contracts, EC law, electronic commerce, hotels, news, publishing by sally

‘Does price parity mean price increase when it comes to most favoured nation clauses? Rebecca Owen-Howes reports.’

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New Law Journal, 20th October 2014

Source: www.newlawjournal.co.uk

VAT on property transfers and hierarchy clauses: CLP Holding Company – Hardwicke Chambers

Posted October 15th, 2014 in contracts, news, sale of land, VAT by sally

‘Over the summer, the Court of Appeal handed down judgment in the case of CLP Holding Company Ltd v Singh (1) & Kaur (2) [2014] EWCA Civ 1103. The case throws up some useful warnings and reminders about VAT on property transfers, the proper construction of contracts and hierarchy clauses.’

Full story

Hardwicke Chambers, 8th October 2014

Source: www.hardwicke.co.uk

Zero Hours – A Zero Sum game? – Cloisters

Posted October 15th, 2014 in contracts, employment, news by sally

‘To many on the left, the use of zero hours contracts represent the logical extension of a form of capitalism that puts profit and flexibility over people and employment rights: a legal metaphor for austerity Britain, with its cuts to public spending, pay day loans and the so called “bedroom tax”.’

Full story

Cloisters, 3rd October 2014

Source: www.cloisters.com

BSB probes contracts between chambers and solicitors – Legal Futures

Posted October 14th, 2014 in barristers, codes of practice, complaints, contracts, news, solicitors by sally

‘The Bar Standards Board (BSB) is investigating the extent to which barristers have been accepting work from solicitors without entering into contracts, or accepting terms “contrary to their regulatory obligations”.’

Full story

Legal Futures, 14th October 2014

Source: www.legalfutures.co.uk

Call for evidence: review of standard contractual terms and cab rank rule – Bar Standards Board

Posted October 13th, 2014 in barristers, codes of practice, contracts, news by sally

‘The Bar Standards Board (BSB) has today [10 October] issued a call for evidence as part of a new review of the standard contractual terms and the cab rank rule. This is to establish the contractual basis on which barristers are being instructed, and to gather evidence about the frequency with which the cab rank rule is being invoked.’

Full story

Bar Standards Board, 10th October 2014

Source: www.barstandardsboard.org.uk

Adjudication ordered in £1.3m dispute between council and solar energy business – Local Government Lawyer

Posted October 13th, 2014 in contracts, damages, dispute resolution, energy, local government, news by sally

‘A High Court judge has ordered that a local authority’s bid to recoup £1.3m from a solar energy installation company be determined by adjudication, rather than by litigation as desired by the council.’

Full story

Local Government Lawyer, 13th October 2014

Source: www.localgovernmentlawyer.co.uk

No loss of confidence – establishing causation in confidential information claims – RPC Privacy Law

Posted October 8th, 2014 in burden of proof, company law, confidentiality, contracts, damages, equity, news, shareholders, trusts, valuation by sally

‘This case is an interesting example of a claim for breach of confidence (both in contract and in equity) where, although liability was established, only nominal damages (£1) were awarded to the Claimant.’

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RPC Privacy Law, 7th October 2014

Source: www.rpc.co.uk

Open Consultation – Transforming legal aid: crime duty contracts – Ministry of Justice

Posted September 29th, 2014 in consultations, contracts, Law Society, legal aid, Ministry of Justice, solicitors by tracey

‘A consultation on reports undertaken by Otterburn Legal Consulting and KPMG in relation to the proposed duty work contracts for criminal legal aid services.’

Full consultation

Ministry of Justice, 24th September

Source: https://www.gov.uk/government/organisations/ministry-of-justice

Legal Aid Challenge Success, Assisted Suicide and the Future of UK Human Rights – the Human Rights Roundup – UK Human Rights Blog

Posted September 29th, 2014 in appeals, assisted suicide, closed material, contracts, Crown Prosecution Service, human rights, legal aid, media, news, prisons, prosecutions, sexual offences, solicitors, terrorism by tracey

‘This week, the Conservative Party will unveil its plans for human rights reform in the UK. In other news, Chris Grayling’s decision to drastically reduce the number of legal aid contacts granted is successfully challenged, while a prosecution for assisted suicide keeps the assisted dying debate alive.’

Full story

UK Human Rights Blog, 28th September 2014

Source: www.ukhumanrightsblog.com

QC wins High Court battle to be paid £100,000 fee – Legal Futures

Posted September 26th, 2014 in barristers, contracts, professional conduct, remuneration, striking out by tracey

‘The High Court has ordered a Jersey lawyer to pay an English barrister’s fee, dismissing a claim that the fee was an honorarium which was not legally enforceable.’

Full story

Legal Futures, 26th September 2014

Source: www.legalfutures.co.uk

Net contribution clauses: What you need to know – Hardwicke Chambers

Posted September 25th, 2014 in construction industry, contracts, damages, limitations, news by sally

‘Most construction professionals will be familiar with net contribution clauses (NCCs) in consultants’ appointments and collateral warranties but their use should not necessarily be limited to the construction sector. They may be useful in any project where professionals from a multiplicity of disciplines are retained.’

Full story

Hardwicke Chambers, 19th September 2014

Source: www.hardwicke.co.uk

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc – WLR Daily

Posted September 22nd, 2014 in agency, civil procedure rules, compensation, contracts, law reports, practice directions, service out of jurisdiction by sally

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch); [2014] WLR (D) 400

‘A claim brought under regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 for compensation on determination of an agency agreement was not in respect of a contract or a breach of contract. Accordingly, the jurisdictional gateways for service out of the jurisdiction in paragraph 3.1(6) and (7) of Practice Direction 6B supplementing CPR Pt 6 did not apply.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk

Swift (trading as A Swift Move) v Robertson – WLR Daily

Posted September 18th, 2014 in appeals, consumer protection, contracts, law reports, Supreme Court by tracey

Swift (trading as A Swift Move) v Robertson: [2014] UKSC 50; [2014] WLR (D) 396

‘A failure by a trader to give written notice of the right to cancel a contract for the supply of goods or services made during a visit to a consumer’s home did not deprive the consumer of his right to cancel the contract pursuant to regulation 7(1) of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

High Court: Commercial Agents Regulations could not override contractual choice of law – OUT-LAW.com

Posted September 10th, 2014 in agency, civil procedure rules, claims management, commercial agents, contracts, EC law, news by sally

‘Mandatory rules governing the relationship between commercial agents and their principals in respect of the agent’s UK activities cannot override a valid jurisdiction and choice of law clause, the High Court has ruled.’

Full story

OUT-LAW.com, 10th September 2014

Source: www.out-law.com

You’ve got absoutely nothing out of this – NearlyLegal

Posted September 1st, 2014 in abuse of process, banking, contracts, costs, housing, indemnities, mortgages, news, repossession by sally

‘For most parties that enter into litigation (save for those on CFAs and some who are legally aided) a win isn’t really a win unless the other side is also ordered to pay your costs. I say most, because certain litigants enter into litigation knowing that come what May their costs will be paid on the indemnity basis. They have the foresight (or more accurately the power) to draft contracts which provide that, in the event of litigation, the other side (often a borrower or a long leaseholder) will indemnify them for all their legal costs irrespective of whether they win or lose.’

Full story

NearlyLegal, 31st August 2014

Source: www.nearlylegal.co.uk

Parents who lose objectivity – Education Law Blog

Posted September 1st, 2014 in anonymity, bullying, contracts, damages, fees, media, news, public interest, racism, school children by sally

‘It is not often that private law disputes between schools and parents are pursued to trial and judgment in the High Court, but St Christopher School (Letchworth) Ltd v Schymanski and Rao [2014] EWHC 2573 (QB) is one of those cases.’

Full story

Education Law Blog, 28th August 2014

Source: www.education11kbw.com

UK taxpayer faces £220m bill over e-borders contract termination – The Guardian

Posted August 19th, 2014 in contracts, damages, government departments, news, tribunals by tracey

‘The taxpayer has been left to foot a £220m bill after a tribunal ruled that a government contract awarded to a US defence firm to deliver the e-borders programme was unlawfully terminated.’

Full story

The Guardian, 19th August 2014

Source: www.guardian.co.uk

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) – WLR Daily

Posted August 12th, 2014 in appeals, contracts, insurance, law reports, ships, warranties by sally

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) [2014] EWCA Civ 1135; [2014] WLR (D) 373

‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk