180 results
20 May 2019 09:12
Daniel Beard QC successfully represents the Competition Commission of Hong Kong in first cartel case under new lawThe Hong Kong Competition Tribunal ruled today on the first cartel case brought under the new HK competition law. The Competition Commission of Hong Kong brought a prosecution against 10 contractors on a major public housing project. The contractors were found to have engaged in market sharing and more...
13 May 2019 11:39
(Un)signed, sealed, delivered: Anchor 2020 v Midas ConstructionIt is common practice for parties in the construction industry to undertake work under a letter of intent before the contract is formally executed. This practice ensures that design can be undertaken, materials can be procured, the site can be prepared and, ultimately, work can begin notwithstanding more...
13 May 2019 11:33
Swansea Stadium Management Company Ltd v City & County of Swansea & AnorBackground Swansea City Council employed Interserve as the main contractor to design and build the Liberty Stadium. After completion, the stadium was leased by the Council to Swansea Stadium Management Company (SSMC) for a term of 50 years. As a result of building defects in Liberty Stadium, SSMC more...
29 Apr 2019 14:33
3PB’s Cotter wins critical appeal for Bristol bus business against traffic commissionerIndependent bus operator Abus - which runs bus services in Bristol, Bath, North Somerset and further afield - turned to 3PB’s public and regulatory barrister Nick Cotter when the business faced possible suspension of its licence and closure of the business. Abus’ boss Alan Peters appealed the ruling more...
17 Apr 2019 14:56
Groving PainsMatthew Finn and Harry Smith consider some of the issues arising out of the Court of Appeal’s decision in S&T v Grove Developments. Introduction It is probably an overstatement to describe the Court of Appeal’s judgment in S&T v Grove (“Grove”) as exciting. It does, however, address a number of more...
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...
8 Apr 2019 10:35
CMA launches major funeral market probe citing serious market concernsOn 28 March 2019, the Competition and Markets Authority launched an in-depth market investigation into the UK funeral sector. This will involve a detailed review and scrutiny of the sector and include many of its key players. Following an interim report published in November 2018 and subsequent 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...
Unfair Relationships in banking and credit agreements
On 6th April 2007, the Consumer Credit Act 1974 (“CCA”) introduced the concept of an “unfair relationship” in respect of banking and credit agreements. The unfair relationship concept replaced the former extortionate credit bargain test found in sections 137 to 140 of the CCA which was repealed by more...
28 Mar 2019 10:14
How can arbitration help you if you data has been illegally stolen?Kemi Ojutiku: http://www.5pumpcourt.com/barristers/kemi-ojutiku Kemi Ojutiku says that arbitration can offer a cheaper, more effective remedy than going to court to protect your rights. None of us has been able to escape the recent news and publicity surrounding the ‘Data grab’, as it has been more...
25 Mar 2019 09:07
High Court rejects attempt to refer question on data exclusivity periods under the Medicines Directive to the ECJIn a judgment released today, Lewis J has rejected an application by Orion Corporation, a pharmaceutical company, to refer to the ECJ questions relating to the starting point of its period of data exclusivity under the Medicines Directive. The Directive gives pharma companies that obtain a marketing more...
21 Mar 2019 16:14
Commercial update - Max Schofield: Claiming VAT input tax on legal services benefitting a taxpayer company and its directorIf legal services are provided to a taxpayer company and to its director, can the company reclaim the input tax? Max Schofield analyses the Court of Appeal decision in Praesto Consulting UK Limited v. HMRC [2019] EWCA Civ 353. Max is a Commercial Law barrister whose practice has a particular more...
20 Mar 2019 10:53
Are you making the right comparison? – Hitachi Zosen Inova AG v John Sisk & Son LtdIn this case Stuart-Smith J gave guidance on assessing whether a dispute was substantially the same as that which had been determined in an earlier adjudication. Background Hitachi was employed to design, construct and commission a multi-fuel powerplant at Ferrybridge in Yorkshire. It engaged Sisk more...
20 Mar 2019 10:35
We are recruiting!!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
14 Mar 2019 09:33
Deputy District Judge AppointmentsChambers are delighted to congratulate Andrew Worthley (South Eastern Circuit), James Bax, Sarah Evans and David Lidbury (Western Circuit) and Pakeeza Rahman (Midlands Circuit) who have all been appointed by the Lord Chief Justice as Deputy District Judges. Very well done!! 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 14:33
Wrongful repossession and Azhar: What lenders need to knowWalker Morris’ Banking & Finance specialists Sandip Singh and James Taylor explain why lenders may wish to rely on the recent Azhar v Accord [1] case to combat wrongful repossession claims. What are wrongful repossession claims, and why are lenders concerned? We explained in our recent briefing that 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...
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