43 results
16 Apr 2019 11:03
Grandlane Developments Ltd v Skymist Holdings Ltd [2019] EWHC 747 (TCC)In Grandlane Developments, the TCC applied the decision in Gosvenor London v Aygun Aluminium but rejected a stay of execution on the basis that there was insufficient evidence to support a risk of dissipation. Background Grandlane provided development and project management services. It entered into more...
10 Apr 2019 11:24
Case analysis: Burgess v LejonvarnIn this article, David Sheard discusses the recent High Court decision in Burgess v Lejonvarn, in which he acted for the Defendant. Introduction Recently, Judge Martin Bowdery QC handed down judgment following the final hearing in this long-running, and fairly unique, professional negligence claim more...
10 Apr 2019 11:00
Deleted Terms in
Construction
Contracts: Friend or Foe?Brenna Conroy considers conflicting precedents in relation to deleted terms in construction contracts and the possible implications that they may have in practice. Introduction In construction contracts it is very common to see standard form provisions deleted and replaced with bespoke terms, either more...
3 Apr 2019 09:45
Implication, Implication, Implication: When is an Estate Agent entitled to commission?Introduction Not since the 1950s has there been authoritative consideration of Estate Agents’ contracts. In Dennis Reed Ltd v Goody [1950] 2 QB 277 the Court of Appeal considered whether an agent who was engaged to find ‘a person ready willing and able’ to purchase the owner’s property was entitled more...
Sailing to Byzantium - Blockchain and the Art Market (originally published in Lyon & Turnbull newsletter)
Nothing New under the Sun What has been is what will be, and what has been done is what will be done; there is nothing new under the sun. [Ecclesiastes 1:9] Those words from Ecclesiastes might seem an odd way to start an article on the latest thing in digital connectivity: the new way of building more...
6 Mar 2019 09:38
Brexit ferry case settledEurotunnel v Secretary of State for Transport Eurotunnel and the Secretary of State for Transport have today settled Eurotunnel’s challenge to the award by the Government of contracts to DFDS, Brittany Ferries, and Seaborne Freight for the provision of additional freight capacity between the UK and more...
27 Feb 2019 12:34
M Davenport Builders Ltd v Greer & Anor [2019] EWHC 318 (TCC)Background The Claimant and Defendants were parties to a construction contract that made no provisions for adjudication or payment. As a result, section 108(2) and 109 of the Construction Act were implied into the contract. A dispute then arose over the Claimant’s payment application for the final more...
26 Feb 2019 16:05
“Obvious Contracts”The Supreme Court recently handed down a long-awaited judgment in Wells v Devani [2019] UKSC 4. The case was an opportunity for the court to add to the increasing body of authority on the modern interpretation of contracts. It adopts a contextual and common-sense approach to a minimal oral agreement more...
The Pepsi Fighter Jet Case
This piece was first published on Nick Diable's blog Historia Legis on 28/1/2019. In 1996, Pepsico Inc. ran a TV advert promoting Pepsi to young people with a promise that if consumers collected “Pepsi Points” and sent them into Pepsico they would be rewarded with Pepsi branded gifts that they could more...
13 Dec 2018 13:46
Fitness for purpose again: beware the lack of contract termsIn Williams Tarr Construction Ltd v Anthony Roylance Ltd and another, the TCC considered a construction company’s breach of contract and breach of warranty claim against an engineer for the defective design of a retaining wall. Williams Tarr Construction Ltd v Anthony Roylance Ltd and another more...
4 Dec 2018 10:05
After Makdessi and GPP, the question is, are your LDs commercially viable?Liquidated damages (LD) clauses are a fixture of construction contracts. As we all know, they are a secondary obligations to pay an agreed sum of money, arising upon breach of a primary obligation of the contract. In the case of a construction contract, this will invariably be in the event of delay: more...
5 Nov 2018 13:52
Letters of intent – what you need to knowWith the recent Court of Appeal decision in Arcadis Consulting v AMEC [2018] EWCA Civ 2222 highlighting the risks involved in working under a letter of intent, it is worth having a recap on this area of law. I. What are letters of intent? A letter of intent or LOI, is a general term for a document more...
2 Nov 2018 15:18
Commercial negotiations and draft contracts: the
formation of a binding contractThe Rotam Agrochemical Co Ltd v. GAT Microencapsulation GmbH decision 1. In commercial negotiations, a contract will generally be formed at the point when the parties: intend (objectively) to be bound; and have agreed the terms that they regard as essential. In Rotam Agrochemical Co Ltd v. GAT more...
26 Oct 2018 09:24
Ealing Care Alliance Ltd v London Borough of Ealing [2018] EWHC 2630 (TCC)Background Ealing Care Limited (“ECA”), entered into a PFI Framework Agreement with the London Borough of Ealing (“LBE”). Under that Agreement, ECA was to provide care home services for LBE for no less than 27 years. Crucially, there was a Benchmarking procedure in the Agreement. The purpose of that more...
18 Oct 2018 08:55
Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd [2018] EWCA Civ 2222In Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd [2018] EWCA 2222, the Court of Appeal, reversing the decision of the High Court, held that a liability cap had been incorporated into an interim contract despite the lack of agreement over a final Protocol Agreement. Background Buchan, now AMEC, acted more...
5 Oct 2018 14:10
Classic Maritime Inc v Limbungan Makmur SDN BHD & Anor [2018] EWHC 2389 (Comm)In Classic Maritime v Limbungan [2018] EWHC 3489 (Comm), Teare J distinguished force majeure clauses that were contractual frustration clauses from those that merely excluded liability for breach of contract. Background The shipowner, Classic Maritime, was engaged in a long contract of affreightment more...
25 Sep 2018 15:18
‘Man is Born Free (and can therefore agree to live in chains)’The Supreme Court decision in MWB v Rock Advertising goes against two Court of Appeal authorities and makes clear that NOM clauses are effective. In this article, Charlie Thompson sets out a brief survey of the cases and seeks to highlight some practical implications of the Supreme Court’s decision. more...
6 Sep 2018 15:15
Commission on Justice in WalesThe Commission on Justice in Wales has been set up by the First Minister to review the operation of the justice system in Wales. Terms of reference for the Commission on Justice in Wales. To review the operation of the justice system in Wales and set a long term vision for its future, with a view to more...
Commercial Agents: Case and Statute Citator 2018
Commercial Agents: Case and Statute Citator 2018 The terms of the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) (as amended) ('the Regulations') implement Council Directive 86/653 [1986] OJ L382/17 ('the Directive'). The Regulations came into force on 1 January 1994 and more...
Unfinished business: the Qatari commercial dispute that landed a Cayman Islands Judge in conflict
The Privy Council in Almazeedi v Penner and another (Cayman Islands) [2018] UKPC 3 have stressed the fundamental nature of the right to a fair trial by an independent and impartial tribunal. Almazeedi is a working example of how and when a Judge’s decision may be overturned on appeal due to the more...
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