Insurance Contract Law – Law Commission
“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”
Law Commission, 5th November 2009
Source: www.lawcom.gov.uk
Category: contracts
NHS sued for £20m over hospitals – BBC News
“The NHS in Leicester is being sued for more than £20m over the collapse of a plan to rebuild the city’s hospitals.”
BBC News, 5th November 2009
Source: www.bbc.co.uk
Government will produce model contracts to govern copyright transactions – OUT-LAW.com
“The Government will produce ‘model contracts’ to be used in copyright dealings in an attempt to make copyright law more useful and understandable. It will also standardise the way copyright exceptions to copyright law are dealt with in contracts.”
OUT-LAW.com, 30th October 2009
Source: www.out-law.com
Earles v Barclays Bank plc – WLR Daily
Earles v Barclays Bank plc [2009] EWHC 2500 (Mercantile); [2009] WLR (D) 309
“Although there was no duty on the parties to preserve documents prior to the commencement of proceedings, after proceedings had begun, the situation was radically different. That was particularly so in relation to electronic information stored by a bank.”
WLR Daily, 29th October 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Joseph and others v Spiller and another – WLR Daily
Joseph and others v Spiller and another [2009] EWCA Civ 1075; [2009] WLR (D) 306
“Where a contract term was contained in a separate document to the principal contract, thereby contravening reg 14(2) of the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), that breach did not operate to render the term or the contract as a whole unenforceable.”
WLR Daily, 26th October 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Lawyer’s £5m battle over ruined career – The Guardian
“A former president of the Law Society and his City law firm are being sued for up to £5m over allegations that they helped a global oil company wreck a barrister’s career.”
The Guardian, 11th October 2009
Source: www.guardian.co.uk
Legal risk to property investors – BBC News
“Investors hit by the downturn and who choose not to complete property deals can still be forced to buy after a court injunction, lawyers have warned.”
BBC News, 8th October 2009
Source: www.bbc.co.uk
Emails and phone calls did not establish a contract, rules Court of Appeal – OUT-LAW.com
“A series of emails and phone calls were not sufficient to establish a contract, the Court of Appeal has ruled. The communications did not contain enough information or the formal qualities necessary for a contract to have been made, it said.”
OUT-LAW.com, 3rd August 2009
Source: www.out-law.com
Interest rate of 15% was not a punishment, rules Court of Appeal – OUT-LAW.com
“An interest rate of 15% agreed in a contract between two companies was not a penalty and was justified, the Court of Appeal has said. The interest, which had been ruled unlawful, can be charged, said the Court.”
OUT-Law.com, 30th July 2009
Source: www.out-law.com
Oligarch challenges court ruling – The Independent
“Russian oligarch Oleg Deripaska today challenged a court ruling that a £2 billion-plus lawsuit launched against him by a former friend should be tried in England rather than Russia.”
The Independent, 20th July 2009
Source: www.independent.co.uk
Radmacher (formerly Granatino) v Granatino – WLR Daily
Radmacher (formerly Granatino) v Granatino [2009] EWCA Civ 649; [2009] WLR (D) 227
“A judge should give due weight to the marital property regime into which a couple entered so as to legitimately exercise the very wide discretion conferred on judges to achieve fairness between the parties to ancillary relief proceedings.”
WLR Daily, 3rd July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Lords ruling reduces contracts’ certainty, says expert – OUT-LAW.com
“A landmark House of Lords ruling will undermine the certainty of contracts and could make it more expensive to take cases over contract interpretation to court, according to a contract law expert.”
OUT-LAW.com, 2nd July 2009
Source: www.out-law.com
Chartbrook Ltd and another v Persimmon Homes Ltd and another – WLR Daily
Chartbrook Ltd and another v Persimmon Homes Ltd and another [2009] UKHL 38; [2009] WLR (D) 223
“The admission of pre-contractual negotiations as an aid to the construction of a contract would create uncertainty of outcome in disputes over interpretation and would add to the cost of advice and litigation. The law of contract was designed to enforce promises with a high degree of predictability and if conventional meanings and syntax were to be displaced by inferences drawn from pre-contractual negotiations, the less predictable the outcome was likely to be. The availability of the remedies of rectification and estoppel by convention were safeguards which would in most cases prevent any injustice caused by the exclusion of that evidence.”
WLR Daily, 1st July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Chartbrook Ltd and Another v Persimmon Homes Ltd and Another – Times Law Reports
Chartbrook Ltd and Another v Persimmon Homes Ltd and Another
House of Lords
“There were no grounds for the House of Lords to depart from the long standing rule that excluded evidence of what was said or done during the course of negotiating a contract for the purpose of drawing inferences about what the contract meant.”
The Times, 2nd July 2009
Source: www.timesonline.co.uk
TRM Copy Centres Ltd v Lanwall Services Ltd – Times Law Reports
TRM Copy Centres Ltd v Lanwall Services Ltd
House of Lords
“The essence of hire was that the hirer acquired the use and possession of goods from the provider in return for a rent, whether payable in cash or kind.”
The Times, 24th June 2009
Source: www.timesonline.co.uk
TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd – WLR Daily
TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd [2009] UKHL35; [2009] WLR (D) 190
“An agreement between the provider of photocopiers and the retailer in whose premises the photocopiers were located was not a consumer hire agreement within the meaning of s 15 of the Consumer Credit Act 1974 if there was no obligation on the part of the retailer to make any payment in cash or kind for the hire of the photocopiers.”
Source: www.lawreport.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Claim against air firm dismissed – BBC News
“A tribunal has dismissed a cabin crew boss’s claim that she was forced to employ only young, slim, single women to crew private aircraft.”
BBC News, 5th June 2009
Source: www.bbc.co.uk
Exemption clauses need strong words to survive deliberate, fundamental breaches, says High Court – OUT-LAW.com
“Someone who deliberately breaches a fundamental term of a contract generally cannot rely on exemptions in the contract to avoid liability to the other party without clear, strong language to that effect, the High Court has ruled.”
OUT-LAW.com, 6th May 2009
Source: www.out-law.com
Male flight attendants ‘banned’ – BBC News
“A cabin crew boss was forced to employ only young, slim, single women to crew private aircraft, a tribunal has heard.”
BBC News, 14th April 2009
Source: www.bbc.co.uk
BT direct debit rebel loses case – BBC News
“A Nottingham man who took BT to court after being cut off in a row over how to pay his bill has lost his case.”
BBC News, 26th March 2009
Source: www.bbc.co.uk
