43 results
22 Sep 2021 15:54
Seb Oram on the implications of Supreme Court case Triple Point v PTT [2021] for commercial and construction practitioners3PB’s specialist commercial and construction barrister Seb Oram has analysed the Supreme Court case Triple Point Technology Inc v PTT Public Co Ltd [2021] UKSC 29 for Lexis Nexis. This case is significant for those who draft commercial contracts (particularly construction and technology contracts) more...
14 May 2021 16:33
Much Ado About Nothing: Technical Breaches of Directors’ Disclosure Duties in Fairford Water Ski Club v Cohoon & Anor [2021] EWCA Civ 143In Fairford Water Ski Club Ltd v Cohoon & Anor [2021] EWCA Civ 143, the Court of Appeal considered a highly technical breach of the duty imposed on company directors to disclose any interest in a contract or proposed contract entered into by their company. The decision considers several more...
Commercial Agents
The video of the second of Andrew Marsden's recent seminars on commercial agency #commercialagent #commercialagency #commercialagent Regulations is available here: http://commercialchambers.org/video/view/6 more...
8 Apr 2021 13:21
Does the rule against reflective loss apply to former shareholders? A review of Nectrus Ltd v UCP PLCIn Nectrus Ltd v UCP PLC [2021] EWCA Civ 57, the Court of Appeal considered an application to reopen a final appeal permission to appeal under CPR Part 52.30. The case considers both: (i) whether the rule against reflective loss, as considered by the USKC in Marex v Sevilleja [2020] UKSC 31 more...
11 Nov 2019 13:56
Commercial update: Good faith and ‘matching’ in commercial contractsNeil Fawcett analyses the Commercial Court’s recent decision in New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm), as part of LexisPSL’s Case Analysis Expert Panels. The case analyses the interpretation of an implied term of good faith, as well more...
28 Oct 2019 16:45
New Balance v Liverpool [2019] EWHC 2837 (Comm)Judgment was given today in the case of New Balance v Liverpool [2019] EWHC 2837 (Comm), in which Theo Barclay was the first junior counsel for Liverpool. Liverpool won the case, stopping New Balance from blocking a future kit sponsorship deal with Nike worth hundreds of millions of pounds. The case more...
24 Oct 2019 10:08
Incoterms®2020 – key amendmentsUpdated every 10 years, the Incoterms® rules provide an outline for the allocation of costs and risk, and the respective responsibilities of buyers and sellers for the delivery of goods under sales contracts. The updated 2020 Rules are substantively the same as the 2010 rules, however, a number of more...
22 Oct 2019 10:23
Philip Moser QC and Ewan West act in first Concessions Contracts caseOcean Outdoor v London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 The Court of Appeal has given judgment in Ocean Outdoor, the first case turning on the Concessions Contract Regulations 2016 (“the CCRs”). The lead judgment was given by Coulson LJ, formerly the presiding judge in the TCC more...
22 Oct 2019 09:58
Theo Barclay acts for Liverpool Football ClubToday marks the start of a three-day trial in the Commercial Court between Liverpool Football Club and New Balance. The case sees New Balance seek to prevent Liverpool FC from appointing Nike as kit sponsor. Hailsham’s Theo Barclay is instructed as Junior Counsel for Liverpool. This case is being more...
3 Oct 2019 11:17
Simon Lofthouse QC and Zulfikar Khayum successfully defeat challenge to partial arbitral award in respect of £1bn claimSimon Lofthouse QC and Zulfikar Khayum have successfully defeated a challenge to a partial Arbitral Award brought by a joint venture contractor in respect of a £1bn claim brought by their client who was the employer under a contract for the construction of a state-of-the-art hospital in Doha. To more...
2 Oct 2019 11:05
Nothing to smile about: Dentists’ contract dispute highlights potential pitfalls for commercial partiesGwendoline Davies, Head of Commercial Dispute Resolution at Walker Morris, offers practical advice for commercial contracting parties following the Court of Appeal’s decision in NHS England v Vasant [1]. Why is this case of interest? This recent case involved the application and interaction of ‘no more...
19 Sep 2019 09:18
What is a ‘reasonable endeavours’ obligation, and is it a sensible solution?Gwendoline Davies, Head of Commercial Dispute Resolution at Walker Morris explains what a party needs to do to comply with a ‘reasonable endeavours’ obligation, and considers whether endeavours clauses are always a sensible solution. What are endeavours obligations? Many commercial contracts contain more...
2 Sep 2019 15:01
“A contract means what it says”: Sir Robert Akenhead and David Johnson for Building MagazineSir Robert Akenhead, with assistance from David Johnson, explains how a literal interpretation of wording sent a contractor’s argument off the rails in a case on disallowed costs. Originally published in Building on 22 August 2019 While lawyers might be tempted to groan every time another authority more...
21 Aug 2019 10:02
Insolvency proceedings, guarantees and contractual pre-conditionsIf you are considering commencing insolvency proceedings against another party, do ensure that they actually owe you a debt before you do so. This point is so obvious that it barely needs stating. However, Martin v McLaren Construction Ltd serves as an example of how things can go badly wrong if it more...
14 Aug 2019 10:47
Rectification Rectified – FSHC Group Holdings Ltd v GLAS Trust Corporation LtdIn this key decision, the Court of Appeal gives detailed consideration to the principles underpinning various doctrines in contract to ascertain the correct test for rectification of a written instrument because of the presence of a common mistake. Background The Claimant-Respondent (“the Parent”) more...
28 May 2019 10:17
Commercial Update: Lawful economic duress and reasonableness – an analysis by Christopher EdwardsCommercial barrister Christopher Edwards analyses the Court of Appeal decision in Times Travel (UK) v Pakistan International Airlines Corporation and its impact on the criteria of lawful economic duress and reasonableness in commercial contracts. Click here to read Christopher's analysis. Click more...
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...
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