Category: contracts

Collateral damage (again) – Parkwood and Toppan – Practical Law: Construction Blog

Posted September 3rd, 2021 in construction industry, contracts, interpretation, news, warranties by sally

‘Doesn’t time fly. I can’t believe it is almost eight years since Practical Law published my blog on Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd. As readers may recall, in that case Akenhead J decided that a collateral warranty (CW) given by Laing in favour of Parkwood was a construction contract for the purposes of the Construction Act 1996, and that accordingly Parkwood could pursue a defects claim under it by way of adjudication. I suggested that the decision was “simply wrong” and could have “highly undesirable ramifications” for the negotiation of CWs going forward. (After an initial flurry, it seems that I may have been wrong on the second count, but let’s draw a veil over that for now.).’

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Practical Law: Construction Blog, 2nd September 2021

Source: constructionblog.practicallaw.com

Not sharing Covid risks would threaten viability of construction projects – OUT-LAW.com

Posted September 2nd, 2021 in construction industry, contracts, coronavirus, drafting, news by sally

‘The construction industry faces many challenges related to Covid-19, and if it doesn’t take a co-operative approach and share risks then it could make the situation even worse.’

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OUT-LAW.com, 1st September 2021

Source: www.pinsentmasons.com

The Authority to Enter into a Contract on Behalf of a Business – Who Has It? – Becket Chambers

Posted August 26th, 2021 in chambers articles, contracts, news, third parties by sally

‘In order for a contract to be enforceable against a business, the person who entered into it on business’ behalf must have had the requisite authority to do so. In reality, a wide range of people often have the authority to enter into contracts on behalf of businesses, but for the purposes of this article I will simply refer to the person seeking to enter into a contract on behalf of the business as ‘the employee’.’

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Becket Chambers, 12th August 2021

Source: becket-chambers.co.uk

Court blocks removal of Serpentine boathouse – Law Society’s Gazette

Posted August 23rd, 2021 in building law, contracts, news, parks by sally

‘A High Court judge has backed the Royal Parks in its battle to stop the removal of a boathouse on the north bank of the Serpentine lake in London’s Hyde Park. The ruling hinged on the question of whether a wooden structure erected by the operator of rowing and pedal boats forms part of Hyde Park and therefore belongs to the Crown.’

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Law Society's Gazette, 23rd August 2021

Source: www.lawgazette.co.uk

New Judgment: Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 – UKSC Blog

Posted August 19th, 2021 in agency, airlines, contracts, duress, news, Supreme Court by sally

‘The issue in this appeal is whether, and if so in what circumstances, a party can set aside a contract on the ground that it was entered into as a result of the other party threatening to do a lawful act.’

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UKSC Blog, 18th August 2021

Source: ukscblog.com

Judge right to consider “mystery” of who was funding law firm – Legal Futures

Posted August 19th, 2021 in contracts, costs, law firms, news by sally

‘A judge who had “no information at all” as to how the defence of a dormant law firm was being funded was right not to ignore the issue, appeal judges have ruled.’

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Legal Futures, 18th August 2021

Source: www.legalfutures.co.uk

Landmark UK court ruling due in ‘bride price’ dispute – The Guardian

Posted August 16th, 2021 in contracts, divorce, islamic law, marriage, news, women by sally

‘A landmark judgment that could bring part of UK law into line with sharia law’s position on “bride price” payments is to be announced this week in the central London county court, in a case backed by a women’s charity.’

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The Guardian, 16th August 2021

Source: www.theguardian.com

Liquidated damages and London buses – Practical Law: Construction Blog

Posted August 11th, 2021 in compensation, construction industry, contracts, damages, news by sally

‘Cases about liquidated damages are, it transpires, like London buses: you wait ages for one to turn up and then two come along together.’

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Practical Law: Construction Blog, 9th August 2021

Source: constructionblog.practicallaw.com

“A question of liability” – Sir Robert Akenhead and David Johnson for Building Magazine – Atkin Chambers

Posted August 10th, 2021 in building law, contracts, exclusion clauses, news by sally

‘The recent decision in Mott vs Trant suggests the courts are unwilling to overrule clauses that exclude or limit liability, writes Sir Robert Akenhead, with assistance from David Johnson.’

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Atkin Chambers, 4th August 2021

Source: www.atkinchambers.com

Getting everything you bargained for: X v Kuoni Travel Limited [2021] UKSC 34 determines the scope of ‘holiday arrangements’ in Package Travel claims – Devereux Chambers

Posted August 6th, 2021 in appeals, chambers articles, contracts, holidays, interpretation, news, rape, sexual offences, Supreme Court, vicarious liability by sally

‘In an important case for package travel claims, the Supreme Court has clarified that a broad approach should be taken to determining the scope of the services provided under a package holiday contract. The tour operator is liable for the performance of ancillary services which are necessary to provide a holiday of the required standard.’

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Devereux Chambers, 3rd August 2021

Source: www.devereuxchambers.co.uk

When is a collateral warranty a “construction contract”? – Practical Law: Construction Blog

Posted August 6th, 2021 in construction industry, contracts, dispute resolution, news, warranties by sally

‘Or should that be, when is a collateral warranty not a construction contract? July was a busy month for TCC judgments, which makes the job of writing these blogs considerably easier. In addition to the fascinating judicial review cases being brought by the Good Law Project, one case that caught my eye was Timberbrook Ltd v Grant Leisure Group Ltd because it concerned the construction of a new orangutan enclosure at Blackpool Zoo. However, it is quite a detailed, merits-based judgment and, in the end, I plumped for the only TCC judgment (at least of those on BAILII) that concerned adjudication, Toppan Holdings Ltd and Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP.’

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Practical Law: Construction Blog, 3rd August 2021

Source: constructionblog.practicallaw.com

Supreme Court backs raped tourist in blow to travel industry – Law Society’s Gazette

Posted August 3rd, 2021 in contracts, EC law, holidays, hotels, news, rape, Supreme Court by sally

‘A British woman who was sexually assaulted by a hotel worker on a package holiday has won her Supreme Court appeal, in a judgment of “major importance to the travel industry”.’

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Law Society's Gazette, 30th July 2021

Source: www.lawgazette.co.uk

New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34 – UKSC Blog

Posted August 3rd, 2021 in contracts, EC law, holidays, hotels, news, rape, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (“the Regulations”).’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

A return to orthodoxy – Supreme Court decides on Triple Point v PTT: Case analysis by Mathias Cheung – Atkin Chambers

Posted July 29th, 2021 in appeals, chambers articles, construction industry, contracts, damages, news, Supreme Court by sally

‘The following case analysis, produced by Mathias Cheung, in partnership with LexisNexis, discusses the recent Supreme Court judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 (16 July 2021).’

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Atkin Chambers, 26th July 2021

Source: www.atkinchambers.com

‘Breathing space’ on contractual disputes – Law Society’s Gazette

Posted July 26th, 2021 in arbitration, company law, contracts, coronavirus, dispute resolution, government departments, insolvency, news by sally

‘At the start of the first lockdown in March 2020, both the government and the courts made efforts to provide ‘breathing space’ for companies and stem the tide of legal action flowing out of Covid-19’s disruption to business.’

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Law Society's Gazette, 26th July 2021

Source: www.lawgazette.co.uk

New Judgment: Harcus Sinclair LLP and Anor v Your Lawyers Ltd [2021] UKSC 32 – UKSC Blog

Posted July 26th, 2021 in appeals, class actions, contracts, injunctions, law firms, news, non-disclosure agreements, restraint of trade, Supreme Court by sally

‘The Supreme Court has unanimously allowed this appeal concerning whether a non-compete clause, by which one law firm agreed with another law firm not to take part in the emissions litigation without the latter’s permission, is enforceable or not.’

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UKSC Blog, 23rd July 2021

Source: ukscblog.com

Supreme Court upholds six-year non-compete clause signed by law firm – Legal Futures

Posted July 26th, 2021 in appeals, contracts, injunctions, law firms, news, non-disclosure agreements, restraint of trade, Supreme Court by sally

‘A non-compete undertaking given by one law firm to another ahead of them working together was reasonable and not a restraint of trade, the Supreme Court ruled today.’

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Legal Futures, 23rd July 2021

Source: www.legalfutures.co.uk

When procurement law and contracts for interests in land meet – Local Government Lawyer

Posted July 15th, 2021 in contracts, leases, local government, news, public procurement by sally

‘Colin Ricciardiello provides a case law update examining cases that have examined the overlap between a requirement to procure and a contract for the disposal of an interest in land.’

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Local Government Lawyer, 13th July 2021

Source: www.localgovernmentlawyer.co.uk

TCC stays expert determination proceedings – Practical Law: Construction Blog

Posted July 13th, 2021 in construction industry, contracts, dispute resolution, news, stay of proceedings by sally

‘It has been quite some time since I have blogged about expert determination. In fact, the last time was six years ago when I wrote about the Court of Appeal’s judgment in Begum v Hossain, which concerned the valuation of shares in an Indian restaurant. That was before the term “Brexit” had been coined and most of us were happily oblivious to the meaning of the word “furlough”. Therefore, Jefford J’s recent judgment in Maypole Dock v Catalyst Housing Ltd, which concerned an interim injunction to restrain the pursuit of an expert determination, caught my eye.’

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Practical Law: Construction Blog, 6th July 2021

Source: constructionblog.practicallaw.com

Too much of a good thing: serial adjudication, multiple disputes and NEC – Practical Law: Construction Blog

Posted July 2nd, 2021 in construction industry, contracts, dispute resolution, news by sally

‘Adjudication has now become the default dispute resolution method for construction disputes, to the extent that some parties use it on multiple occasions and for multiple disputes. But that carries its own risks and complexities, as highlighted in the recent decision in Prater Ltd v John Sisk and Son (Holdings) Ltd.’

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Practical Law: Construction Blog, 29th June 2021

Source: constructionblog.practicallaw.com