WHEN IS A FULL AND FINAL SETTLEMENT NOT THE END? - Abigail Silver
|
|
- Ashlynn Shelton
- 6 years ago
- Views:
Transcription
1 Page 1 WHEN IS A FULL AND FINAL SETTLEMENT NOT THE END? - Abigail Silver In two recent decisions 1 the Court has emphasised its readiness to look behind the "full and final" wording of a settlement agreement at the background circumstances, with each case yielding a different result. Kazeminy v Siddiqi the facts Author Profile Mr Kazeminy pursued Mr Siddiqi for sums he had loaned to or invested in Mr Siddiqi s business ventures. In a settlement agreement dated 22 November 2010, made on the first day of trial, the parties had agreed as follows: This Agreement is entered into in full and final settlement of all and any claims, actions, liabilities, costs or demands that the Claimants have or may have against the Defendants or [named third parties] whether past, present or future and whether or not known or contemplated at the date of this settlement agreement arising under or in any connected with...the proceedings... or with any dealings between the parties concerning loans to or investments in the defendants... or by any person whosoever. It was commented that the settlement agreement was a detailed document drafted by lawyers. On 29 July 2011, however, Mr Kazeminy issued proceedings against Mr Siddiqi for a second time, for similar relief based on the matters which had been the subject of the Abigail Silver is a Senior Associate at Reynolds Porter Chamberlain LLP in London. She advises on the resolution of disputes across the commercial spectrum including acting for companies, partnerships, LLPs, trusts and in all manner of contractual-based disputes, often with an international element. Her practice is mainly (but not exclusively) High Court litigation, often conducted on an expedited basis. She has an MA from Cambridge University and an MBA from Heriot-Watt University. settled action. This time, however, Mr Kazeminy sued as the assignee of a claim from a Mr Grano. Mr Grano had threatened proceedings previously and had intended to appear as a witness for Mr Kazeminy at the first trial but had not been party to the settlement negotiations and had not agreed to give up his claims against Mr Siddiqi.
2 Page 2 The decision The Court of Appeal 2 had no hesitation in allowing Mr Kazeminy to pursue the claim assigned to him by Mr Grano. Whilst it was accepted that the wide wording used in the settlement agreement demonstrated a clear intention on the part of the parties to capture every possible claim...whether either of them was aware of it or not and that these words had been chosen as a means of ensuring that Mr Siddiqi would never need to fear another claim from Mr Kazeminy in relation to the technology in question, it was held that it was clear the parties had never turned their minds to the rights of third parties, like Mr Grano and could not possibly have intended their agreement to cover those third party rights. It was confirmed that the rules of construction of settlement agreements are no different from those of other contracts 3 and that the words must be interpreted in the way in which they would be understood by reasonable people aware of the factual background known to both parties 4. This was particularly the case where wide language like in any way connected with was used in the settlement agreement 5. Relevant factors to consider in the factual background were that Mr Grano had not been involved in the settlement negotiations, despite having claims which he had asserted had a value. Were Mr Siddiqi able to strike out the assigned claims then he would have achieved a windfall having, effectively, settled two claims in November 2010 for the price of one. Point West London v Mivan Ltd the facts Point West pursued its tenant trust company for unpaid service charge for a property of which it was landlord. The tenant successfully counterclaimed for damages for defects in the air conditioning and heating systems at the property and was awarded substantial sums against Point West. Point West, therefore, commenced a claim against Mivan, the contractor who had built the property, but Mivan pointed to a settlement it had made by exchange of letters with Point West four years earlier. It was confirmed that the rules of construction of settlement agreements are no different from those of other contracts 3 and that the words must be interpreted in the way in which they would be understood by reasonable people aware of the factual background known to both parties 4. This was particularly the case where wide language like in any way connected with was used in the settlement agreement 5. In those letters Mivan had stated that although 63,000 remained due for all work
3 Page 3 In those letters Mivan had stated that although 63,000 remained due for all work under the main building contract and for carrying out any remedial work, Mivan would accept 50,000 representing the final assessment of monies due or to become due thus achieving full and final settlement in respect of the above works, together with any and all outstanding matters. The settlement was agreed on this basis, subject to Mivan agreeing also, to provide reasonable assistance to Point West in its attempts to recover the unpaid service charge from its tenant. Point West argued that the settlement did not preclude a claim for damages in respect of defects under the building contract including in relation to latent defects. When it settled with Mivan, Point West said it had believed the defects to be very minor, but they had now been established to be widespread fundamental defects in the design and installation which necessitated complete replacement at very substantial cost. The decision The Court confirmed the West Bromwich principles 6 and held that it must consider the background knowledge reasonably available to the parties at the time the settlement letters were exchanged. The general rule is that words should be given their natural and ordinary meaning but this has to yield to business common sense if detailed semantic and syntactical analysis... would lead to a conclusion which would flout business common sense 7. The Court confirmed the West Bromwich principles 6 and held that it must consider the background knowledge reasonably available to the parties at the time the settlement letters were exchanged. Ramsey J also stated it is not the function of the court to remedy any lacunae in the parties bargain or to improve or make a contract which the parties did not make for themselves 8. On that basis, the learned judge held that the settlement agreement released Mivan from all patent defects as at the time of the agreement, those patent defects being the defects in the heating and cooling system of which all the parties were aware at the time. And that the outstanding matters to which reference was made in the settlement agreement were the payment to Mivan and the defects. Relevant to the decision was Mivan s argument that it had accepted less than it originally requested for the certainty of a clean break.
4 Page 4 Comments Whilst there is nothing surprising or new in the analyses undertaken in these two cases, they remind us of the proper approach to construction of settlement agreements and are a reminder of how important it is to document any settlement with language which clearly indicates what rights are being compromised and what rights, if any, are being preserved. In Kazeminy it must be right in principle that Mr Grano s claims remained unaffected but Mr Siddiqi could have included wording to preclude Mr Kazeminy from pursuing third party or assigned claims against him. Mr Siddiqi might have assessed the chances of Mr Grano pursuing him as minimal for any number of reasons; some people are simply more prepared to take on the risks and rigours of litigation than others. In Point West there is force in the argument that Mivan would not have accepted less than its full entitlement if it had thought it remained open to claims in relation to defects in the future. But there was an absence of specific or clear wording settling a claim of this nature. Equally, first time around, Point West preferred what appeared on its face to be a straightforward claim against its tenant to a more difficult claim against its contractor. It is assumed, however, that the Point West settlement agreements, which ultimately provided absolute protection from further suit for Mivan, were not lawyer drafted 9 and this may have assisted the Judge in giving Mivan the benefit of the doubt. Whilst there is nothing surprising or new in the analyses undertaken in these two cases, they remind us of the proper approach to construction of settlement agreements and are a reminder of how important it is to document any settlement with language which clearly indicates END NOTES 1 Kazeminy v Siddiqi & Others [2012] EWCA Civ 416 (Court of Appeal) and Point West London Ltd v Mivan [2012] WL Lord Justice Moore-Bick delivering the judgment, Lady Justice Black and Lord Justice Mummery concurring 3 BCCI v Ali [2001] UKHL 8, [2002] 1AC Investors Compensation Scheme Ltd v West Bromwich Building Society [1988] 1 WLR 896 per Lord Hoffman 5 Arbuthnott v Fagan [1995] CLC 1396 at 1403D 6 See note 4 above 7 Antaios Compania Naviera SA v Salen Rederierna AB [1985] AC 191 at 201 and see also Rainy Sky v Kookmin Bank [2011] UKSC 50 at 20 to 21 what rights are being compromised and what rights, if any, are being preserved.
5 Page 5 8 Charter Reinsurance v Fagan [1997] AC 313 at 338 and Great North Eastern Railway v Avon Insurance Plc [2001] 2 Ll Rep 69 at 34 9 Point West had appointed lawyers at that time to pursue its claims against the trust company and they may have overseen the correspondence
6 CONTACT DETAILS PO BOX VICTORIA STREET WEST AUCKLAND 1142 NEW ZEALAND Phone: (09) Fax: (09) CONTRIBUTIONS Contributions to ReSolution are welcome. ReSolution is published four times a year in March, June, September and December. Readers are invited to submit material to be considered for publication by to the editor at editor@nzdrc.co.nz. Contributions may consist of articles, case notes, book reviews, news of forthcoming events and other matters of interest to readers. Contributors are entirely responsible for the accuracy of case names and citations, quotations and other references, spelling etc. All contributions should be in final form and in word format. COPYRIGHT This issue of ReSolution and all material and information contained herein are subject to the full protection given by the Copyright Act In many cases the copyright of individual articles remains the property of the author and articles and commentaries should not be reproduced without first obtaining the express authorisation of the relevant third party copyright owner concerned. If you are in any doubt as to whether a proposed use is covered by this licence please consult the Editor. DISCLAIMER: ReSolution is published by NZDRC and NZIAC. ReSolution is a newsletter and does not purport to provide a comprehensive analysis of the subjects covered or to constitute legal advice. ReSolution is intended to promote and engender discussion, debate, and consideration of all matters in relation to the development and application of the law, the resolution of disputes, and the processes that are used for the resolution of those disputes. Articles, commentaries and opinions are intended to raise questions rather than to be emphatic statements on the subjects covered and the views expressed are the views of the author and are not necessarily those of the directors, servants and agents of NZDRC or NZIAC. Information published is not guaranteed to be correct, current or comprehensive and NZDRC and NZIAC accept no responsibility for the accuracy of any information published in ReSolution and no person should act in reliance on any statement or information contained in ReSolution. Readers are specifically advised that specialist legal advice should be sought in relation to all matters in relation to, or in connection with, the subjects covered and articles published in ReSolution.
LAW GOVERNING ARBITRATION HAS CLOSEST CONNECTION TO LAW OF THE SEAT - Joachim Delaney
Page 1 LAW GOVERNING ARBITRATION HAS CLOSEST CONNECTION TO LAW OF THE SEAT - Joachim Delaney The Court of Appeal has upheld the first instance decision in Sulamerica Cia Nacional de Seguros SA v Enesa
More informationWHEN IS A MEDIATION AGREEMENT ENFORCEABLE? - Thomas G. Heintzman
Page 1 WHEN IS A MEDIATION AGREEMENT ENFORCEABLE? - Thomas G. Heintzman One of the most difficult issues in the law of alternative dispute resolution is whether a mediation clause creates an enforceable
More informationINSTRUCTIONS MATTER - Magda Di Vincenzo & Owain Stone
Page 1 Background ADMISSIBILITY OF EXPERT REPORTS: INSTRUCTIONS MATTER - Magda Di Vincenzo & Owain Stone Welker & Ors v Rinehart & Anor., Supreme Court of NSW (No6) [2012] NSWSC 160 The Plaintiffs in these
More informationSpain Reforms Arbitration Act
Page 1 Spain Reforms Arbitration Act Calvin A. Hamilton Gabriela M. Torres Cutting edge for its time, the Spanish Arbitration Act of 2003 (the AAct) 1 was a blend of the UNCITRAL Model Law, the ICC Rules
More informationConstruction Contracts: No implied obligation to get on with it
BuildLaw - Issue 13 - No Implied Obligation to get on with it 1 Construction Contracts: No implied obligation to get on with it An issue that regularly crops-up in practice, but rarely before the courts,
More informationDISCLAIMER IN EXPERT REPORT DOES NOT VOID ADJUDICATION DETERMINATION - Charles Brannen
DISCLAIMER IN EXPERT REPORT DOES NOT VOID ADJUDICATION DETERMINATION 1 DISCLAIMER IN EXPERT REPORT DOES NOT VOID ADJUDICATION DETERMINATION - Charles Brannen The Supreme Court of NSW has determined that
More informationInterpretation of contracts - liberalism re-affirmed
Interpretation of contracts - liberalism re-affirmed In Re Sigma Finance Corporation (in administrative receivership) [2009] UKSC 2 Case analysis by Caroline Edwards Interpretation of contracts liberalism
More informationWhy did the MF/1 terms not apply? The judge had concluded that the MF/1 terms did not apply because:
United Kingdom Letters of intent and contract formation RTS Flexible Systems Limited (Respondents) v Molkerei Alois Muller Gmbh & Company KG (UK Production) (Appellants) [2010] UKSC 14C Chris Hill and
More informationTHE PERILS OF CONDITIONS IN SALE AND PURCHASE AGREEMENTS - Victoria Whitfield
BuildLaw - Issue No 15 September 2012 1 THE PERILS OF CONDITIONS IN SALE AND PURCHASE AGREEMENTS - Victoria Whitfield Recently, we were presented with a situation where a client had identified issues with
More informationUNITED KINGDOM Arbitration Review 2012
Page 1 UNITED KINGDOM Arbitration Review 2012 AUDLEY SHEPPARD Clifford Chance LLP As of 1 November 2011, a search of the LAWTEL 1 database of decisions of the English courts using the keyword arbitration
More informationInside this issue A cold wind blows: the impact of a more literal approach to contractual interpretation on construction contracts
Issue 72 - July 2017 Insight provides practical information on topical issues affecting the building, engineering and energy sectors. Inside this issue A cold wind blows: the impact of a more literal approach
More informationB e f o r e: LORD JUSTICE PETER GIBSON LORD JUSTICE CLARKE SIR MARTIN NOURSE HOLDING & BARNES PLC. Claimant/Appellant.
A3/2000/3076 Neutral Citation Number: [2001] EWCA Civ 1334 IN THE SUPREME COURT OF JUDICATURE IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE CHANCERY DIVISION (Mr Justice Neuberger) B e f o
More informationJUDGMENT. Tiuta International Limited (in liquidation) (Respondent) v De Villiers Surveyors Limited (Appellant)
Michaelmas Term [2017] UKSC 77 On appeal from: [2016] EWCA Civ 661 JUDGMENT Tiuta International Limited (in liquidation) (Respondent) v De Villiers Surveyors Limited (Appellant) before Lady Hale, President
More informationSkanska Rashleigh Weatherfoil Ltd v Somerfield Stores Ltd [2006] ABC.L.R. 11/22
CA on appeal from QBD (Mr Justice Ramsey) before Neuberger LJ; Richards LJ; Leveson LJ. 22 nd November 2006 LORD JUSTICE NEUBERGER: 1. This is an appeal from the decision of Ramsey J on the preliminary
More informationTHE INTERPRETATION OF EXCLUSION CLAUSES
BRIEFING THE INTERPRETATION OF EXCLUSION CLAUSES MAY 2016 LITERAL AND NATURAL MEANING IS OF PRIMARY IMPORTANCE COMMERCIALITY MAY BE CONSIDERED THE COURT MAY ALSO CONSIDER APPLICATION OF THE CONTRA PROFERENTEM
More informationRepudiatory Breach of Contract: The Need for Aggrieved Party to Make and Communicate a Clear Choice as to Whether the Contract is at an End
Repudiatory Breach of Contract: The Need for Aggrieved Party to Make and Communicate a Clear Choice as to Whether the Contract is at an End Summary 1. In Force India Formula One Team v. Aerolab SRL [2013]
More informationThe clause (ACAS Form COT-3) provided:
THE CONSTRUCTION OF COMPROMISE AGREEMENTS The leading case is Bank of Credit and Commerce International SAI v Ali [2001] UKHL 8; [2002] 1 AC 251. It was also an extreme case where the majority of the House
More informationHarry Fitzhugh v Anthony Fitzhugh
Page1 Harry Fitzhugh v Anthony Fitzhugh Case No: A3/2011/3117 Court of Appeal (Civil Division) 1 June 2012 [2012] EWCA Civ 694 2012 WL 1933439 Before: Lord Justice Longmore Lord Justice Rimer and Lord
More informationWhite Young Green Consulting v Brooke House Sixth Form College [2007] APP.L.R. 05/22
JUDGMENT : Mr Justice Ramsey : TCC. 22 nd May 2007 Introduction 1. This is an application for leave to appeal under s.69(3) of the Arbitration Act 1996. The arbitration concerns the appointment of the
More informationOPINIONS OF THE LORDS OF APPEAL
HOUSE OF LORDS SESSION 2004 05 [2004] UKHL 54 on appeal from: [2003] EWCA Civ 470 OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE Sirius International Insurance Company (Publ) (Appellants) v.
More informationArticles. English Law A Love Letter. Melanie Willems The Arbiter Summer 2014
English Law A Love Letter Melanie Willems The Arbiter Summer 2014 English law is frequently chosen as the governing law of the contract in international transactions, even though neither party to the agreement
More informationConsidering Contract Termination Under English Common Law
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Considering Contract Termination Under English
More informationPATENT ENTITLEMENT YEDA RESEARCH AND DEVELOP- MENT COMPANY LIMITED v RHÔNE-POULENC RORER INTERNATIONAL HOLDINGS INC AND OTHERS
114 PATENT ENTITLEMENT YEDA RESEARCH AND DEVELOP- MENT COMPANY LIMITED v RHÔNE-POULENC RORER INTERNATIONAL HOLDINGS INC AND OTHERS rewards that can be few and far between. The very rationale behind patent
More informationGUIDE TO ARBITRATION
GUIDE TO ARBITRATION Arbitrators and Mediators Institute of New Zealand Inc. Level 3, Hallenstein House, 276-278 Lambton Quay P O Box 1477, Wellington, New Zealand Tel: 64 4 4999 384 Fax: 64 4 4999 387
More informationBefore : LORD JUSTICE RUPERT JACKSON LORD JUSTICE SALES and LORD JUSTICE FLAUX Between :
Judgment approved by the court for handing down Neutral Citation Number: [2017] EWCA Civ 2135 Case No: A3/2017/1870 (A) (B) IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM QUEEN S BENCH DIVISION,
More informationBefore : LADY JUSTICE ARDEN LORD JUSTICE LEWISON LADY JUSTICE ASPLIN Between :
Neutral Citation Number: [2018] EWCA Civ 62 Case No: A3/2017/2781 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE, COMMERCIAL COURT Mr Richard Salter QC sitting as a Deputy
More informationJUDGMENT. In Re Sigma Finance Corporation (in administrative receivership) and In Re The Insolvency Act 1986 (Conjoined Appeals)
Michaelmas Term [2009] UKSC 2 On appeal from: [2008] EWCA Civ 1303 JUDGMENT In Re Sigma Finance Corporation (in administrative receivership) and In Re The Insolvency Act 1986 (Conjoined Appeals) before
More informationTHE IMPACT OF PRE-AND POST-CONTRACTUAL CONDUCT ON CONTRACTUAL INTERPRETATION
THE IMPACT OF PRE-AND POST-CONTRACTUAL CONDUCT ON CONTRACTUAL INTERPRETATION 1. Where there is a dispute as to the meaning of a provision in a contract, the role of the court is to determine the meaning
More informationRIGHTS TO TERMINATE A COMMERCIAL CONTRACT SUCCESSFUL USE AND LIABILITY FOR MISUSE. David Thomas QC and Matthew Finn Keating Chambers.
RIGHTS TO TERMINATE A COMMERCIAL CONTRACT SUCCESSFUL USE AND LIABILITY FOR MISUSE David Thomas QC and Matthew Finn Keating Chambers 18 January 2018 INTRODUCTION It is often the case that one party to a
More informationRectification Wills and Trusts
Rectification Wills and Trusts Amanda Hardy QC Tax Chambers 15 Old Square Lincoln s Inn Recent cases: Rectification of a will Marley v Rawlings and another [2014] UKSC A husband and wife each executed
More informationContractual Interpretation: Do judges sometimes say one thing and do another? Canterbury University, Christchurch
Contractual Interpretation: Do judges sometimes say one thing and do another? Canterbury University, Christchurch 18 th October 2017 Sir Geoffrey Vos, Chancellor of the High Court Introduction 1. It is
More informationBefore : MR JUSTICE ROBIN KNOWLES CBE Between : SEATRADE GROUP N.V. - and -
Neutral Citation Number:[2018] EWHC 654 (Comm) Case No: CL-2017-000196 IN THE HIGH COURT OF JUSTICE THE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES COMMERCIAL COURT (QBD) Before : MR JUSTICE ROBIN
More informationStent Foundations Ltd v. M J Gleeson Group Plc [2000] ABC.L.R. 08/09
Judgment : His Honour Judge Bowsher Q.C. TCC. 9 th August 2000. Introduction 1. This is a trial of preliminary issues. 2. The issues ordered to be tried are: "(1) Assuming the facts stated in the Amended
More informationR. (on the application of Child Poverty Action Group) v Secretary of State for Work and Pensions
Trinity College Dublin, Ireland From the SelectedWorks of Mel Cousins 2011 R. (on the application of Child Poverty Action Group) v Secretary of State for Work and Pensions Mel Cousins, Glasgow Caledonian
More informationBefore : MR JUSTICE HENRY CARR Between : - and
Neutral Citation Number: [2018] EWHC 3120 (Ch) IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES CHANCERY DIVISION Case No: CH-2018-000108 Royal Courts of Justice 7 Rolls Building,
More informationContract for Consultancy Services (Small)
Rail Industry Safety and Standards Board (RISSB Contract for Consultancy Services (Small Part 1: Contract Details Item 1 Consultant: [Insert full name of the party / parties that make up the Consultant]
More informationIN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV BAVERSTOCK DEVELOPMENTS LIMITED Plaintiff
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV 2009-404-004917 BETWEEN AND BAVERSTOCK DEVELOPMENTS LIMITED Plaintiff HOUSING NEW ZEALAND LIMITED Defendant Hearing: 19 November 2009 Appearances:
More informationBRIEFING NIL BY MOUTH? EXCLUDING ORAL VARIATION OF CONTRACTS MAY 2018
BRIEFING NIL BY MOUTH? EXCLUDING ORAL VARIATION OF CONTRACTS MAY 2018 THE UK SUPREME COURT HAS OVERTURNED THE DECISION OF THE COURT OF APPEAL, AND DETERMINED THAT NO ORAL MODIFICATION CLAUSES ARE EFFECTIVE
More informationShortfalls on Sale. Toby Watkin
Shortfalls on Sale Toby Watkin 1. In this paper I wish to discuss some issues and considerations which arise when it is expected that there will be a shortfall upon a sale of the mortgaged property following
More informationUniversity of Bristol - Explore Bristol Research. Early version, also known as pre-print
McCunn, J. (2016). Belize it or not: implied contract terms in Marks and Spencer v BNP Paribas. Modern Law Review, 79(6), 1090-1101. DOI: 10.1111/1468-2230.12232 Early version, also known as pre-print
More informationCommercial Contracts Bulletin
Commercial Contracts Bulletin March 2018 CONTENTS Contents 3 5 7 8 10 Houseboats, entire agreement clauses and misrepresentation Sparks fly over implied terms Effective service of warranty claims: following
More informationPUBLIC LAW CHALLENGES TO PLANNING OBLIGATIONS Guy Williams
PUBLIC LAW CHALLENGES TO PLANNING OBLIGATIONS Guy Williams Introduction 1. This seminar is deliberately limited in its scope to focus on the availability and scope of public law challenges to the enforcement
More informationProfessionally drafted STANDARD TERMS OF BUSINESS. by legal counsel (Andrew Noble FRICS, FCIArb, Barrister at law)
Professionally drafted STANDARD TERMS OF BUSINESS by legal counsel (Andrew Noble FRICS, FCIArb, Barrister at law) Introduction 1. This service has been set up to assist UK businesses to develop and to
More informationAPPENDIX I SAMPLE INTERROGATORIES
APPENDIX I SAMPLE INTERROGATORIES CAUSE NO. ' IN THE DISTRICT COURT Plaintiff, ' ' V. ' JUDICIAL DISTRICT ' ' Defendant. ' OF COUNTY, TEXAS DEFENDANT S INTERROGATORIES TO PLANTIFF TO: PLAINTIFF,, by service
More informationFINANCIAL GUIDANCE AND CLAIMS BILL [HL] EXPLANATORY NOTES ON COMMONS AMENDMENTS
FINANCIAL GUIDANCE AND CLAIMS BILL [HL] EXPLANATORY NOTES ON COMMONS AMENDMENTS What these notes do 1 Claims Bill [HL] as brought from the House of Commons on 24 April 2018. 2 They have been prepared by
More informationSingapore High Court: Unravelling the unwind of accumulator contracts.
February 2016 Singapore High Court: Unravelling the unwind of accumulator contracts. Introduction On 10 February 2016, the Singapore High Court in Tan Poh Leng Stanley v UBS AG [2016] SGHC 17 delivered
More informationEnforcement of Foreign Judgments. The Usual Rules Apply (no exception for insolvency)
Enforcement of Foreign Judgments The Usual Rules Apply (no exception for insolvency) The Supreme Court has just given judgment (24 October 2012) in Rubin and another v Eurofinance SA and others and New
More informationExamining the current law relating to limitation and causes of action (tortious and contractual) within a construction context
Examining the current law relating to limitation and causes of action (tortious and contractual) within a construction context Received (in revised form): 11th September, 2005 Sarah Wilson is an associate
More informationBefore: THE SENIOR PRESIDENT OF TRIBUNALS LORD JUSTICE UNDERHILL Between:
Neutral Citation Number: [2017] EWCA Civ 16 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM The Divisional Court Sales LJ, Whipple J and Garnham J CB/3/37-38 Before: Case No: C1/2017/3068 Royal
More informationLiability for Injuries Caused by Dogs. Jonathan Owen
Liability for Injuries Caused by Dogs Jonathan Owen Introduction 1. This article addressed the liability for injuries caused by dogs, such as when a person is bitten, or knocked over by a dog. Such cases,
More informationCredit Application Form
Credit Application Form This Form comprises 4 sections: 1 Details of Applicant (including Warranty and Acknowledgment of Terms and Conditions) 2 Other Business Information & Trade References 3 Terms and
More informationAmendments to Statements of Case Learning the Hard Way: PJSC Tatneft v Bogolyubov and others [2016] EWHC 2816 (Comm)
Amendments to Statements of Case Learning the Hard Way: PJSC Tatneft v Bogolyubov and others [2016] EWHC 2816 (Comm) Simon P. Camilleri * Associate, Fried, Frank, Harris, Shriver & Jacobson (London) LLP,
More informationWhich Law Governs the Arbitration Agreement? An Analysis of Sulamérica CIA Nacional de Seguros S.A. and others v Enesa Engenharia S.A.
Integrity. Experience. Innovation. www.markhumphries.co.uk Which Law Governs the Arbitration Agreement? An Analysis of Sulamérica CIA Nacional de Seguros S.A. and others v Enesa Engenharia S.A. and others
More informationBefore : LORD JUSTICE GROSS LORD JUSTICE LEWISON and LORD JUSTICE FLAUX Between :
Neutral Citation Number: [2017] EWCA Civ 1476 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE STAINES COUNTY COURT District Judge Trigg 3BO03394 Before : Case No: B5/2016/4135 Royal Courts of
More informationSMART METERS BILL EXPLANATORY NOTES
SMART METERS BILL EXPLANATORY NOTES What these notes do These Explanatory Notes relate to the Smart Meters Bill as brought from the House of Commons on 6 February. These Explanatory Notes have been prepared
More informationEU Notice To Stakeholders Is Accurate, But Misleading
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com EU Notice To Stakeholders Is Accurate, But
More information[Paper prepared for IBA Conference in Prague September 2005] Mediation The framework in England and Wales
jonlang.com jl@jonlang.com Mediation The framework in England and Wales Mediator Introduction On 26 April 1999, the conduct of civil litigation was significantly changed with the introduction of the Civil
More informationENDEAVOURS OBLIGATIONS:
DISPUTE RESOLUTION This is the fifth in our series of contract disputes practical guides, designed to provide clients with practical guidance on some key issues that feature in disputes relating to commercial
More informationVicarious Liability for Workplace Violence. Jonathan Mitchell
Vicarious Liability for Workplace Violence Jonathan Mitchell On Thursday 5 th February 2015 the Court of Appeal handed down its judgement in the case of Graham v Commercial Bodyworks Ltd [2015] EWCA Civ
More informationClient Update August 2009
Highlights Introduction...1 Brief Facts...1 Issue...2 Ruling Of The Court...2 Concluding Words...7 When Is An Innocent Party Entitled To Terminate A Contract? Introduction It is often not difficult deciding
More informationFiat Justitia Rat Caelum? Andrew Hogan
Fiat Justitia Rat Caelum? Andrew Hogan The title of this newsletter reflects the Latin maxim Let justice be done though the heavens fall, a principle formulated originally by Terence, or Piso, and echoed
More informationBefore: LORD JUSTICE BRIGGS and LORD JUSTICE SALES Between:
Neutral Citation Number: [2016] EWCA Civ 1260 Case No: C1/2016/0625 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT (QUEEN S BENCH) THE HON. MR JUSTICE JAY CO33722015 Royal Courts
More informationJUDGMENT. Hallman Holding Ltd (Appellant) v Webster and another (Respondents) (Anguilla)
Hilary Term [2016] UKPC 3 Privy Council Appeal No 0103 of 2014 JUDGMENT Hallman Holding Ltd (Appellant) v Webster and another (Respondents) (Anguilla) From the Court of Appeal of the Eastern Caribbean
More informationBefore : THE HONOURABLE MR JUSTICE SUPPERSTONE Between :
Neutral Citation Number: [2015] EWHC 1483 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/17339/2013 Royal Courts of Justice Strand, London, WC2A 2LL Date:
More informationEndeavours Obligations
Endeavours Obligations 0 ENDEAVOURS OBLIGATIONS Introduction The terms all reasonable endeavours, reasonable endeavours and best endeavours are regularly used in the drafting of commercial agreements and
More informationLIMITATION OF LIABILITY BY ACCOUNTANTS
LIMITATION OF LIABILITY BY ACCOUNTANTS Introduction 1. Traditionally, a central plank of an accountant s corporate work has been carrying out the audit. However, over the years the profession s role has
More informationWebsite Disclaimer. by SEQ Legal
Website Disclaimer by SEQ Legal Website disclaimer 1 (1) Introduction This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. 2 If you disagree with any
More informationNEC3: UNCERTAINTY OF TERMS - ARE YOU SURE?
NEC3: UNCERTAINTY OF TERMS - ARE YOU SURE? ALEX EDWARDS Senior Consultant, Leeds From time to time, contracts are drafted and entered into, where some of the terms are uncertain and, unfortunately, often
More informationProjects Disputes in Australia: Recent Cases
WHITE PAPER June 2017 Projects Disputes in Australia: Recent Cases The High Court of Australia and courts in other Australian States have recently ruled on matters of significant importance to the country
More informationHOUSE OF LORDS. Lord Goff of Chieveley Lord Lloyd of Berwick Lord Hoffmann Lord Hope of Craighead Lord Clyde
Investors Compensation Scheme v. West Bromwich Building Society [1997] UKHL 28; [1998] 1 All ER 98; [1998] 1 WLR 896 (19th June, 1997) HOUSE OF LORDS Lord Goff of Chieveley Lord Lloyd of Berwick Lord Hoffmann
More informationThe Pre-Action Protocol for Construction and Engineering Disputes (and possible pitfalls)
The Newsletter of Greenwoods Construction and Engineering Group Issue 18 Spring 2013 The Pre-Action Protocol for Construction and Engineering Disputes (and possible pitfalls), Contact us T 01733 887755
More informationTIME TO REVISIT FORUM NON CONVENIENS IN THE UK? GROUP JOSI REINSURANCE CO V UGIC
705 TIME TO REVISIT FORUM NON CONVENIENS IN THE UK? GROUP JOSI REINSURANCE CO V UGIC Christopher D Bougen * There has been much debate in the United Kingdom over the last decade on whether the discretionary
More informationIN THE HIGH COURT OF JUSTICE. Between. The Church of Spiritual Metaphysics. And. Greeta Brown
THE REPUBLIC OF TRINIDAD AND TOBAGO CV 2005 00553 IN THE HIGH COURT OF JUSTICE Between The Church of Spiritual Metaphysics Claimant And Greeta Brown Defendant Before the Honourable Mr Justice Ronnie Boodoosingh
More informationBefore: HIS HONOUR JUDGE PETER COULSON QC (SITTING AS A JUDGE OF THE HIGH COURT) Between:
Neutral Citation Number: [2007] EWHC 2433 (QBD) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION Claim No: HQ 06X02321 St Dunstan s House 133-137 Fetter Lane London, EC4A 1HD Date: 23rd October 2007
More informationBIG ISLAND CONSTRUCTION (HONG KONG) LTD v ABDOOLALLY EBRAHIM & CO (HONG KONG) LTD - [1994] 3 HKC 518
1 BIG ISLAND CONSTRUCTION (HONG KONG) LTD v ABDOOLALLY EBRAHIM & CO (HONG KONG) LTD - [1994] 3 HKC 518 HIGH COURT KAPLAN J ACTION NO 11313 OF 1993 28 July 1994 Civil Procedure -- Summary judgment -- Lack
More informationSCHEDULE 21 PARENT COMPANY GUARANTEE
Schedule 21: Parent Company Guarantee PARENT COMPANY GUARANTEE CAPITA PLC (formerly THE CAPITA GROUP PLC) (as Guarantor) in favour of THE BRITISH BROADCASTING CORPORATION (as Beneficiary) 1 of 9 THIS GUARANTEE
More informationAVOIDANCE ACTION REPORT
Summer 2017 AVOIDANCE ACTION REPORT A Bi-Annual Report on the Latest Case Law Relating to Avoidance Actions and Other Bankruptcy Issues 1 Material Factual Disputes as to Appropriate Historical Range and
More informationCapturing the IT customer s requirements: a shared responsibility
Page 1 of 5 18th BILETA Conference:Controlling Information in the Online Environment April, 2003 QMW, London Capturing the IT customer s requirements: a shared responsibility Ruth Atkins University of
More informationDomestic Gas and Electricity (Tariff Cap) Bill
Domestic Gas and Electricity (Tariff Cap) Bill [AS AMENDED ON REPORT] CONTENTS The cap 1 Cap on standard variable and default rates 2 Tariff cap conditions 3 Exemptions from the cap Procedure 4 Notice
More informationThe Contractor s building defects liability in England and Wales
The Contractor s building defects liability in England and Wales We discuss in this paper in what circumstances can a contractor be found liable for defects discovered by the building occupier several
More informationTECHNICAL RELEASE TR 02/2016 COMPANIES ACT Examiners statutory changes
TECHNICAL RELEASE TR 02/2016 COMPANIES ACT 2014 Examiners statutory changes Readers of this document should note that the Companies Act 2014 is a significant and new piece of legislation whose interpretation
More informationFixed Fee Adjudication and Enforcement Service
Fixed Fee Adjudication and Enforcement Service Contents Introduction... 3 Our Fixed Fee Service... 4 Pricing Summary... 5 Adjudication service... 6 Enforcement service... 7 For further information, please
More informationCOURT OF APPEAL CONFIRMS PAYMENT OF HIRE UNDER TIME CHARTERPARTIES IS NOT A CONDITION
BRIEFING COURT OF APPEAL CONFIRMS PAYMENT OF HIRE UNDER TIME CHARTERPARTIES IS NOT A CONDITION DECEMBER 2016 THE OBLIGATION TO PAY HIRE PUNCTUALLY AND IN ADVANCE IS AN INNOMINATE TERM RATHER THAN A CONDITION
More informationFox&Co Design General Terms & Conditions
Fox&Co Design General Terms & Conditions Latest Revision: April 2016 www.foxandco.design Content No. Contents Page No. 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 General Terms & Conditions Agreement
More informationCOMMERCIAL PROPERTY CASE UPDATE
COMMERCIAL PROPERTY CASE UPDATE Daisy Brown, Guildhall Chambers Martin Retail Group Limited v Crawley Borough Council [2013] EW Misc 32 (CC) Preliminary issue hearing determining whether a local council
More informationCruden Construction Ltd v Commission for the New Towns [1994] Adj.L.R. 12/21
JUDGMENT : Judge Gilliland, Q.C. Sitting as an Official Referee. QBD. 21 st December 1994 1. This is an application by the plaintiff by originating summons dated June 20 th 1994 seeking declarations that
More informationBefore: HIS HONOUR JUDGE WULWIK Between: - and -
IN THE COUNTY COURT AT CENTRAL LONDON Case No: B 90 YJ 688 Thomas More Building Royal Courts of Justice Strand, London, WC2A 2LL Date: 13/12/2018 Start Time: 14:09 Finish Time: 14:49 Page Count: 12 Word
More information(a) the purpose of the agreement was to achieve the objective of reconstructing the Lloyd s market:
Jones v Society of Lloyds; Standen v Society of Lloyds CHANCERY DIVISION The Times 2 February 2000, (Transcript) HEARING-DATES: 16 DECEMBER 1999 16 DECEMBER 1999 COUNSEL: D Oliver QC and R Morgan for the
More informationInsolvency Judgments January Cork Gully on. Insolvency Judgments. Produced in conjunction with. XXIV Old Buildings
Insolvency Judgments January 2013 Cork Gully on Insolvency Judgments Produced in conjunction with XXIV Old Buildings January 2013 Contents Introduction 2 Teathers Limited; Baroque Investments v Heis 3
More informationA GUIDE TO TERMINATION OF LONG TERM CONTRACTS IN THE ENERGY SECTOR KEY POINTS AND RECENT DEVELOPMENTS
A GUIDE TO TERMINATION OF LONG TERM CONTRACTS IN THE ENERGY SECTOR KEY POINTS AND RECENT DEVELOPMENTS By Dan Jewell (Senior Associate), Elinor Thomas (Legal Director), Simon Collier (Senior Associate)
More informationNorthern Elevator Manufacturing Sdn Bhd v United Engineers (Singapore) Pte Ltd
494 SINGAPORE LAW REPORTS (REISSUE) [2004] 2 SLR(R) Northern Elevator Manufacturing Sdn Bhd v United Engineers (Singapore) Pte Ltd [2004] SGCA 11 Court of Appeal Civil Appeal No 57 of 2003 Chao Hick Tin
More informationB e f o r e: LORD JUSTICE LEWISON LORD JUSTICE FLOYD
A2/2014/1626 Neutral Citation Number: [2015] EWCA Civ 984 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE MANCHESTER DISTRICT REGISTRY QUEEN'S BENCH DIVISION (HIS HONOUR JUDGE ARMITAGE QC) Royal
More informationPart 36, Construction and the Doctrine of Mistake. Andrew Hogan
Part 36, Construction and the Doctrine of Mistake Andrew Hogan For many reasons, the tool of choice to use for the compromise of disputes, either litigated or at the pre-litigation stage, is the part 36
More informationAdjudication Application (South Australia) Made under the Building and Construction Industry Security of Payment Act 2009 (SA)
Adjudication Application (South Australia) Made under the Building and Construction Industry Security of Payment Act 2009 (SA) Please complete all details of this application where applicable Application
More informationEmployment Special Interest Group
Employment law: the convenient jurisdiction to bring equal pay claims - the High Court or County Court on the one hand or the Employment Tribunal on the other hand? Jonathan Owen Introduction 1. On 24
More informationMCPS MEMBERSHIP AGREEMENT (MA2) AND ANNEXES
MCPS MEMBERSHIP AGREEMENT (MA2) AND ANNEXES 1. APPOINTMENT OF MCPS 1.1 The Member hereby appoints MCPS to act as the Member s sole and exclusive agent in the Territory to manage and administer the Rights
More informationThe Rental Exchange. Contribution Agreement for Rental Exchange Database. A world of insight
The Rental Exchange Contribution Agreement for Rental Exchange Database A world of insight Contribution Agreement for Rental Exchange Database. Contribution Agreement for Rental Exchange Database. This
More informationAlternative Dispute Resolution (ADR) In Chapter 36 of his Final Report Jackson LJ wrote:
Alternative Dispute Resolution (ADR) In Chapter 36 of his Final Report Jackson LJ wrote: 4.2 I recommend that: (i) There should be a serious campaign (a) to ensure that all litigation lawyers and judges
More informationCEDR Arbitration Procedure for Surveying Disputes
CENTRE for EFFECTIVE DISPUTE RESOLUTION www.cedr.com CEDR Arbitration Procedure for Surveying Disputes 70 Fleet Street, London EC4Y 1EU Tel: +44 (0)20 7536 6060 Fax: +44 (0)20 7536 6001 email: adr@cedr.com
More informationJUDGMENT. OB (by his mother and litigation friend) (FC) (Respondent) v Aventis Pasteur SA (Appellants)
Easter Term [2010] UKSC 23 On appeal from: [2007] EWCA Civ 939 JUDGMENT OB (by his mother and litigation friend) (FC) (Respondent) v Aventis Pasteur SA (Appellants) before Lord Hope, Deputy President Lord
More information