Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same
Court of Appeal
“The English court would construe contracts of insurance and reinsurance to give effect to the intention of the parties to cover environmental damage, unless there were clear indications to the contrary.”
The Times, 3rd April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
M. and J. Polymers Ltd v Imerys Minerals Ltd
Queen’s Bench Division
“A take-or-pay clause in a supply contract could, as a matter of principle, amount to a penalty.”
The Times, 2nd April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A woman nicknamed the ‘cash martyr’ has lost her legal battle to stop BT penalising customers who pay their bills by cash or cheque.”
Daily Telegraph, 29th March 2008
Source: www.telegraph.co.uk
Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] EWHC 511 (Comm); [2008] WLR (D) 88
“The Uniform Rules for Collections 522 relating to international banking and collection processes did not create privity of contract between the principal and the collecting bank.”
WLR Daily, 18th March 2008
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.
Reinwood Ltd v L Brown & Sons Ltd [2008] UKHL 12; WLR (D) 77
“Where under the JCT Standard Form of Building Contract, 1998 ed, Private with Quantities the architect granted the contractor an extension of time after the employer had served a withholding notice and paid under an interim certificate on the assumption that it had the right to rely on a non-completion certificate previously served, the grant of the extension of time did not deprive the employer of that right since it did not cancel the non-completion notice restrospectively.”
WLR Daily, 10th March 2008
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.
“Small is far from beautiful, according to an MP seeking a new law to make small print in contracts bigger.”
BBC News, 4th March 2008
Source: www.bbc.co.uk
“Where the wording in a contract of reinsurance was the same as or equivalent to that in the underlying contract of insurance, the two contracts should be given the same construction unless there were clear indications to the contrary.”
WLR Daily, 3rd March 2008
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.
Scottish & Newcastle International Ltd v Othon Galanos Ltd [2008] UKHL 11; WLR (D) 61
“Where, under a contract for the sale of cider by the Scottish claimants to Cypriot defendants, with invoices giving Limassol as the “place of delivery”, the cider had been shipped from Liverpool to Limassol, the agreed place of delivery had been Liverpool and delivery of the goods had taken place at Liverpool for the purposes of art 5(1)(b) of Council Regulation (EC) No 44/2001.”
WLR Daily, 26th February 2008
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.
“Where a commercial agreement obliged a creditor bank to determine the value of the assets of the defaulting debtor bank at the date of termination, the creditor bank’s obligation was to carry out an honest, but otherwise subjective valuation.”
WLR Daily, 25th February 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported the corresponding WLR Daily summary is removed.
“An orthodontist is awaiting a judgment in the High Court on whether he can challenge his NHS dental services contract.”
The Independent, 26th February 2008
Source: www.independent.co.uk
“Software licences are obscure, unbalanced and unfair, according to the National Consumer Council (NCC), which has filed a complaint with the Office of Fair Trading (OFT). It wants the OFT to force software publishers to use clearer licences.”
OUT-LAW.com, 25th February 2008
Source: www.out-law.com
“A battle as epic, tortuous and heavy with peculiar jargon as any to have sprung from the pen of JRR Tolkien has been joined: this conflict, however, will not pit Orc against Hobbit, but legal wizard against legal wizard.”
The Guardian, 13th February 2008
Source: www.guardian.co.uk
The County Homesearch Co (Thames & Chilterns) Ltd v Cowham [2008] EWCA Civ 26; [2008] WLR (D) 24
“As in the case of a seller’s agent, where the remuneration of a property buyer’s agent was a commission on exchange of contracts, then unless the agency contract indicated otherwise, a term was to be implied that he was not entitled to such commission unless his services were the effective cause of the transaction brought about. However, no such term was to be implied in the present case as it would be inconsistent with the express terms of the contract between the buyer’s agent and the buyer.”
WLR Daily, 1st February 2008
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.
C v D (London arbitration clause)
Court of Appeal
“Although the governing law of a liability insurance contract was that of New York, where the contract contained a London arbitration clause, the parties were to be taken to have agreed that the arbitration award could be challenged only in English law proceedings because of the choice of London as the seat of the arbitration.”
The Times, 16th January 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Meretz Investments NV and another v ACP Ltd and others [2007] EWCA Civ 1303
“Where a party did something which he was entitled to do because of his contractual right conferred by A, the fact that it resulted in a breach of B’s contract with A could not constitute unlawful means of which A could complain in an action for damages for unlawful means conspiracy.”
WLR Daily, 12th December 2007
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.
“Parties to a liability insurance contract in the Bermuda form providing for the contract to be governed by New York law but with arbitration in London were to be taken as having agreed, by choosing London as the seat of the arbitration, that proceedings on the arbitration award were only those permitted by English law.”
WLR Daily, 6th December 2007
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.
“Andrew Holroyd hails a landmark ruling for legal aid lawyers and the launch of the law society’s international division.”
Law Society’s Gazette, 6th December 2007
Source: www.lawgazette.co.uk
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