Category: contracts

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

Judge slams Wembley dispute’s £22m costs total – The Lawyer

Posted October 6th, 2008 in building law, contracts, costs, news by sally

“A judge has hit out at the participants involved in a four-year dispute over the construction of Wembley Stadium after they racked up £22m in costs, including £1m on photocopying.”

The Lawyer, 6th October 2008

Source: www.thelawyer.com

Doorstep sellers must offer cancellation rights, even if invited to sell – OUT-LAW.com

Posted September 18th, 2008 in consumer protection, contracts, news, sale of goods by sally

“Consumers will be allowed to cancel contracts signed with door-to-door salesmen even when they have requested the visit to their home or office, under new Regulations that come into force in October.”

OUT-LAW.com, 17th September 2008

Source: www.out-law.com

Rapist sues landlady from prison – BBC News

Posted September 9th, 2008 in contracts, landlord & tenant, news by sally

“A hairdresser has said she hopes to appeal after a convicted rapist sued her from jail when she cleared out the flat he rented above one of her salons.”

Cobbe v Yeoman’s Row Management Ltd and Another

BBC News, 9th September 2008

Source: www.bbc.co.uk

Cobbe v Yeoman’s Row Management Ltd and Another – Times Law Reports

Posted September 8th, 2008 in constructive trusts, contracts, estoppel, law reports by sally

House of Lords

“Where the claimant had entered into an oral agreement with defendants in connection with the redevelopment of their property, their unconscionable behaviour in withdrawing from the agreement once planning permission for the redevelopment had been obtained did not result in a proprietary estoppel or a constructive trust in favour of the claimant.”

The Times, 8th September 2008

Please note the Times Law Reports are only availabe free on Times online for 21 days from the date of publication.

Judge slaps Fasthosts for rubbish kit and support – OUT-LAW.com

Posted September 3rd, 2008 in contracts, damages, internet, news by sally

“A county court judge has awarded a disgruntled Fasthosts customer almost £1,500 in damages and costs, after the Gloucester firm failed to meet its uptime and customer service guarantees.”

OUT-LAW.com, 3rd September 2008

Source: www.out-law.com

Fees Matters – Contractual Terms Update – The Bar Council

Posted August 28th, 2008 in barristers, contracts, fees, news by sally

“The introduction of the new Contractual Terms of Work, as the standard basis upon which counsel will accept instructions from solicitors, has unfortunately been delayed until Autumn 2009.”

Cobbe v Yeoman’s Row Management Ltd and another [2008] UKHL 55; [2008] WLR (D) 293

The Bar Council, 27th August 2008

Source: www.barcouncil.org.uk

Cobbe v Yeoman’s Row Management Ltd and another – WLR Daily

Posted August 18th, 2008 in constructive trusts, contracts, estoppel, law reports by sally

“A claimant who had entered into an oral agreement with the defendants in respect of the redevelopment of a property had no claim against them in proprietary estoppel or constructive trust based on their unconscionable withdrawal from the agreement, but was entitled to a quantum meruit in respect of money and services which he had provided.”

WLR Daily, 15th August 2008

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) [2008] EWCA Civ 930; [2008] WLR (D) 283

Please note once a case has been fully reported in one of the ICRL series the corresponding WLR Daily summary is removed.

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – WLR Daily

Posted August 4th, 2008 in contracts, law reports, surveyors, valuation by sally

“A surveyor, instructed by a mortgage lender to value the property offered by the borrower as security for a loan, who certified that the property had been inspected and a fair valuation given, was liable in damages to the mortgage lender for losses suffered as a result of having valued the wrong property in breach of an unqualified obligation to inspect the specified property.”

WLR Daily, 1st August 2008

CTI Group Inc v Transclear SA [2008] EWCA Civ 856; [2008] WLR (D) 254

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

CTI Group Inc v Transclear SA – WLR Daily

Posted July 28th, 2008 in contracts, law reports, sale of goods by sally

“A contract for the sale by description of unascertained goods of a specified origin was not frustrated where although delivery of the goods remained physically and legally possible, the seller’s suppliers chose, for whatever reason, not to make them available.”

WLR Daily, 25th July 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

QC sues publisher in reference book dispute – Legal Week

Posted July 24th, 2008 in contracts, news, publishing by sally

“Wilberforce Chambers’ David Phillips QC is set for a £300,000 battle with Reed Elsevier, after the publishers allegedly reneged on an agreement to provide him with a lifetime’s free access to a reference book.”

Legal Week, 24th July 2008

Source: www.legalweek.com

Reforming Insurance Contract Law – Law Commission

Posted May 29th, 2008 in consultations, contracts, insurance, news by sally

“On 28 May 2008, the Law Commission published a summary of responses to its Consultation Paper. The summary document reports the arguments that have been put to us on consumer insurance reform. A further paper will deal with business insurance reform. There is a wide consensus that consumer insurance law is in urgent need of reform – not only among consumer groups, lawyers and brokers, but also among most insurance companies.”

Office of Fair Trading v Abbey National plc and Others

Law Commission, 28th May 2008

Source: www.lawcom.gov.uk

Office of Fair Trading v Abbey National plc and Others – Times Law Reports

Posted April 29th, 2008 in banking, consumer protection, contracts, law reports by sally

Queen’s Bench Division

“Terms in standard form contracts between bank and customer providing for relevant charges were not exempt from assessment as to fairness.”

The Times, 29th April 2008

Office of Fair Trading v Abbey National plc and Others [2008] EWHC 875 (Comm); [2008] WLR (D) 128

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Office of Fair Trading v Abbey National plc and Others – WLR Daily

Posted April 25th, 2008 in banking, consumer protection, contracts, law reports by sally

“Terms in standard form contracts between bank and customer providing for relevant charges were not exempt from assessment as to fairness under reg 6 of the Unfair Terms in Consumer Contracts Regulations 1999.”

WLR Daily, 25th April 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Legal victory for B&B owner who evicted Irving for being too moody – The Independent

Posted April 25th, 2008 in contracts, news by sally

“In his long history of legal calamity, David Irving has confronted and lost to courtroom adversaries from the publisher Penguin, to a British Second World War convoy commander, to the Austrian state. To that list can now be added Jennie Allen, the 60-year-old owner of a B&B in the genteel London suburb of Kew.”

TRM Copy Centres (UK) Ltd and ors v Lanwall Services Ltd [2008] EWCA Civ 382; [2008] WLR (D) 113

The Independent, 25th April 2008

Source: www.indpendent.co.uk

TRM Copy Centres (UK) Ltd and ors v Lanwall Services Ltd – WLR Daily

Posted April 18th, 2008 in bailment, consumer credit, contracts, law reports by sally

“The practice of placing machines on premises mainly for the use of persons other than the owner of the premises, who was paid a commission on its use, would not generally be a form of bailment by way of hire; it was necessary to look at the essential nature and commercial purpose of the agreement.”

WLR Daily, 17th April 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sisters celebrate court bingo win – BBC News

Posted April 18th, 2008 in contracts, gambling, news by sally

“Two women who sued their sister for a share of a £50,000 bingo win have been awarded the money by a judge.”

BBC News, 17th April 2008

Source: www.bbc.co.uk

LSC and Law Society strike up unified legal aid contract – Legal Week

Posted April 10th, 2008 in contracts, legal aid, news, solicitors by sally

“The Law Society has resolved a long-running dispute with the Legal Services Commission (LSC) over the new unified contract for legal aid, after the LSC dropped a threat to usher in an entirely new contract.”

Legal Week, 10th April 2008

Source: www.legalweek.com

Government changes mind on contract rules – OUT-LAW.com

Posted April 8th, 2008 in contracts, EC law, news, treaties by sally

“The UK Government wants to sign up to a European Regulation which would standardise how the law is applied in cross-border contractual disputes, it has said. The Regulation, known as Rome I, replaces existing rules governing such disputes.”

Aribisala v St James’ Homes (Grosvenor Dock) Ltd

OUT-LAW.com, 7th April 2008

Source: www.out-law.com

Aribisala v St James’ Homes (Grosvenor Dock) Ltd – Times Law Reports

Posted April 4th, 2008 in contracts, deposits, law reports, sale of land by sally

Chancery Division

“The only real scope for the exercise of the court’s discretion, under section 49(2) of the Law of Property Act 1925, to order the return of a deposit, was when the purchaser of a property was unable to perform the contract; whereas, a purchaser would have the right to the return of the deposit when a vendor was unable to perform the contract.”

The Times, 4th April 2008