180 results
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...
27 Feb 2019 09:16
Imran Shafi makes successful no case to answer submissionImran Shafi from Exchange Chambers, instructed by C & G Solicitors, has made a successful submission of no case to answer in Operation Finglas at Preston Crown Court. Operation Finglas is a serious multi-defendant tachograph fraud and associated money laundering prosecution. Following three weeks of 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...
15 Feb 2019 15:08
Court of Appeal upholds Galvanised Steel Tanks Information ExchangeIn a judgment handed down today, the Court of Appeal has dismissed Balmoral Tanks’ appeal against the judgment of the Competition Appeal Tribunal upholding the CMA’s Information Exchange Infringement decision. The infringement occurred at a single meeting in July 2012. At that meeting, Balmoral more...
14 Feb 2019 12:40
We are celebrating and recruitingClick on the link to see our latest announcement in Counsel Magazine! https://www.counselmagazine.co.uk/docs/file-attachments/magdalenchambers_jan2019_hph_web.pdf?sfvrsn=b5f8_3 more...
14 Feb 2019 09:48
Charles Raffin in successful appeals to the RACB Motor Racing National Court of AppealCharles Raffin with Jamie Horner of 7Legal represented two motor-racing teams from the Blancpain GT Race series in their recent successful appeals to the RACB Motor Racing National Court of Appeal, in Brussels. Charles has a busy sports law practice and has acted for a range of interests from more...
11 Feb 2019 15:35
3PB Head of Sports Louis Weston acts for the WPBSA and the French Rugby FederationLouis Weston, Head of the 3PB Sports Group, has acted for the WPBSA and the French Rugby Federation (FFR) in a busy start to February. WPBSA prosecution Representing the WPBSA, Louis prosecuted snooker players David John and Jamie Jones. While David John was accused of corruption, admitting to match more...
11 Feb 2019 13:18
Membership Termination, Implied Terms and Natural JusticeThe Dymoke v. Association for Dance Movement Psychotherapy decision 1. How to deal effectively with membership termination is a problem which applies universally to companies; corporations; associations; societies and other bodies. Frequently the express contract terms that govern the relationship more...
6 Feb 2019 15:27
Matthew Slater in Court of Appeal case on brokers' fiduciary dutiesMatthew Slater acted for investment bank Canaccord Genuity in the Court of Appeal case Medsted Associates Limited v Canaccord Genuity Wealth (International) [2019] EWCA Civ 83, an important decision on brokers’ fiduciary duties, with CityWire calling the trial judgment “historic”. Matthew’s practice more...
6 Feb 2019 12:30
Regulatory round-up – January 2019The team at Walker Morris have produced their Regulatory round-up for January 2019: Health, Safety and Environmental – January 2019 Data Protection – January 2019 Consumer and Retail Finance – January 2019 more...
6 Feb 2019 12:25
Service on a Sovereign State: What, When, How, and Why?General Dynamics United Kingdom Limited v State of Libya[2019] EWHC 64 (Comm) 18 January 2019 Can an arbitration award against a State be enforced by court proceedings in the UK without service on that State of any formal court document? Facts In 2016, an arbitral tribunal made an award against the more...
29 Jan 2019 09:53
When is a Defendant Actually ‘Unable’ to Admit or Deny a Pleaded Allegation?SPI North Ltd v Swiss Post International (UK) Ltd & Anor (Rev 1) [2019] EWCA Civ 7 17 January 2019 The Court of Appeal considers whether there is an obligation to make reasonable enquiries of third parties before defendants plead that they are unable to admit or deny an allegation under Rule 16 of 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...
28 Jan 2019 10:40
FCA publishes new findings about high-cost short-term loansThe Financial Conduct Authority (FCA) has published new findings about high-cost short-term loans, as Walker Morris consumer finance expert Jeanette Burgess explains. On 24 January 2019, the FCA published new data on insights and trends in the high-cost short-term credit market, the first time it more...
28 Jan 2019 10:22
Wolff v Trinity Logistics USA Inc: the implications for civil appealsI recently acted as junior counsel in Wolff v Trinity Logistics USA Inc, where the Court of Appeal considered the circumstances in which a respondent to an appeal requires permission to run a defensive case. The issue arose in the following context: Trinity USA’s claim against Mr Wolff in procuring more...
22 Jan 2019 11:18
New rules banning gender stereotyping: Sector-specific guide to what businesses need to knowNew rules banning harmful gender stereotyping: What financial services clients need to know New rules banning harmful gender stereotyping take effect soon New rules banning harmful gender stereotyping: What retailers and marketers need to know You can print all articles in this newsletter by more...
18 Jan 2019 16:00
Commercial Agents and the ‘Commodities Market Exception’ in the Court of Appeal: A Rough Diamond Cut and PolishedW Nagel (a Firm) v Pluczenik Diamond Company NV [2018] EWCA Civ 2640 29 November 2018 The Court of Appeal overturned the landmark finding of the High Court to hold that ‘Sights’ for the sale of rough diamonds are not ‘commodities exchanges’ for the purpose of the Commercial Agents (Council Directive more...
17 Jan 2019 15:41
ATHLETE EMPLOYMENT CLAIM FAILS – JESS VARNISH NOT EMPLOYED BY BRITISH CYCLING OR UK SPORTVarnish v British Cycling Federation & Anor (Case No. 2404219/2017) Related Member(s): Thomas Linden QC Related Practice Area(s): Discrimination and Equality, Employment Law, Sports Law Court: Employment Tribunal The claimant cyclist brought claims of unfair dismissal, direct sex discrimination, more...
16 Jan 2019 16:04
Concordia warrant challenge is dismissedThe High Court (Marcus Smith J) has today dismissed Concordia’s long running challenge to the warrant granted to the CMA in respect of Concordia’s premises in October 2017. The ruling concerns the first challenge to a warrant granted under the Competition Act 1998. The decision is the subject of an more...
15 Jan 2019 13:29
John Carl Townsend, instructed by Monan Gozzett Solicitors, succeeds in an appeal to the Football Association Appeal Board.The Appellant had a longstanding involvement in the management of under 18 county teams and was well regarded amongst his peers. In 2017, complaints were received regarding his failure to adhere to the FA’s safeguarding protocols. The FA investigated the matter and the Appellant was made the subject more...
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