‘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.’
Doughty Street Chambers, 19th July 2023
Source: insights.doughtystreet.co.uk
‘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.’
Wilberforce Chambers, July 2023
Source: www.wilberforce.co.uk
‘A City firm has been lambasted by a judge for a costs bill fiasco which saw clients applying for relief at the High Court.’
Law Society's Gazette, 20th July 2023
Source: www.lawgazette.co.uk
‘The terms “assignment” and “novation” are sometimes used interchangeably in relation to construction projects, but they are, in fact, very different.’
OUT-LAW.com, 14th July 2023
Source: www.pinsentmasons.com
‘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.’
3 Hare Court, 12th June 2023
Source: www.3harecourt.com
‘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.’
OUT-LAW.com, 3rd July 2023
Source: www.pinsentmasons.com
‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Under English law, what constitutes a signature is flexible. A person’s intention can determine whether they have entered into binding agreements or transactions.’
OUT-LAW.com, 8th June 2023
Source: www.pinsentmasons.com
‘Businesses will be able to enforce international mediated agreements without recourse to lengthy and costly breach of contract proceedings, a justice minister said today as he signed the UN Singapore Convention on Mediation in New York.’
Law Society's Gazette, 4th May 2023
Source: www.lawgazette.co.uk
‘Litkraft Ltd v (1) Cottrell (2) Williams (3) Goldsmith [2023] EWHC 465 (Comm) has touched upon, but not decided, whether certain fee sharing arrangements could amount to a prohibited referral fee under section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”).’
Ropewalk Chambers, 14th March 2023
Source: ropewalk.co.uk
‘In this post, David McKie and Dany Bitar, partner and associate respectively in the litigation team at CMS, preview the decision awaited from the Supreme Court in JTI POLSKA Sp. Z.o.o. and Ors v Jakubowski and Ors.’
UKSC Blog, 27th March 2023
Source: ukscblog.com
‘Jon Moss, a founding member of Culture Club, will be paid £1.75m by his former bandmates, who have reached a settlement with him instead of commencing a high court trial.’
The Guardian, 22nd March 2023
Source: www.theguardian.com
‘A recent High Court ruling has provided useful insights into ending the Regulation 95 Contract Making Suspension, writes Colin Ricciardiello.’
Local Government Lawyer, 21st March 2023
Source: www.localgovernmentlawyer.co.uk
‘This appeal arises out of a contractual dispute between Ukraine and the Law Debenture Trust Corporation plc (“the Trustee””), acting on behalf of the Russian Federation (“Russia”).’
UKSC Blog, 15th March 2023
Source: ukscblog.com
‘The Secretary of State for Justice (SoSJ) has successfully applied to the High Court for the lifting of the automatic suspension in a procurement challenge to the outcome of a mini-competition for a call-off contract relating to the provision of digital and audiovisual (‘AV’) equipment for use by HM Courts and Tribunals Service.’
Local Government Lawyer, 13th March 2023
Source: www.localgovernmentlawyer.co.uk
‘A woman who represented herself in court by using 80-year-old contract legislation has beaten British Airways (BA) in a row over flight vouchers.’
BBC News, 28th February 2023
Source: www.bbc.co.uk
‘I can’t say that I recall Dyson LJ’s judgment in Connex South Eastern Ltd v MJ Building Services Group being handed down back in 2005 but I do know it is the case that told us that the phrase “at any time” means exactly that. It’s like Ronseal’s famous phrase, “Does exactly what it says on the tin”. With the Court of Appeal giving the words their literal and ordinary meaning, it was plain speaking at its best! It has also meant that for as long as I can remember, we have all assumed that there is no time limit on when a party can start an adjudication. (In Connex, the court was dealing with a situation where the notice of adjudication was issued after practical completion and after repudiation of the contract.) Consequently, the only limitations (if there are any) are the ones we find in the Limitation Act 1980, which doesn’t prevent a party from starting an adjudication but may provide the responding party with a defence (if taken), which means the adjudicator’s decision will be in their favour. (The same applies in court proceedings and, if the defence is successful, the claim may be struck out.) If this is all so well-established, you might wonder why I’m bothering to mention it. The answer is, because of HHJ Russen KC’s judgment in LJR Interiors Ltd v Cooper Construction Ltd, which he handed down last month.’
Practical Law: Construction Blog , 14th February 2023
‘In this post, Henry Powell (Associate) and Antoni Hajdon (Of Counsel) in the Real Estate Disputes team at CMS, comment on the case of Barton & Ors v Morris & Anor in place of Gwyn Jones (deceased) [2023] UKSC 3 – handed down on 25 January 2023.’
UKSC Blog, 13th February 2023
Source: ukscblog.com
‘Foxpace Limited (“Foxpace”), the Fourth Respondent, owned a property known as Nash House in London. This appeal concerns an oral agreement between Foxpace and Mr Barton, the First Respondent, about Nash House. In the High Court it was held that Foxpace agreed to pay Mr Barton £1.2 million if he introduced a purchaser for Nash House who bought it for £6.5 million. The £1.2 million represented deposits and other expenses that Mr Barton had lost on two previous attempts to buy Nash House.’
UKSC Blog, 25th January 2023
Source: ukscblog.com
‘Housing campaigners hope a Supreme Court ruling to legally define who should be deemed a landlord will help protect tenants in some of England’s worst rental properties.’
BBC News, 26th January 2023
Source: www.bbc.co.uk
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