Contracts Court of Appeal case
Goodman Derrick LLP acted in a case before the Court of Appeal concerning the Contracts (Rights of Third Parties) Act 1999. The Court of Appeal ruled that before the rights granted by the Act could be enforced, the third party in question must be expressly identified in the relevant contract by name, as a member of a class or as answering a particular description.
The use of the word "express" did not allow a process of construction or implication. For further information, please contact Deborah Rider in our Litigation Department.
After the Department of Justice intervention, will authors now decide the fate of book publishers?
Once Amazon starts to negotiate directly with authors and offer them much higher commissions than publishers, it is quite conceivable that the latter will lose their gatekeeper status in the industry – or become “disintermediated” in the jargon.
High Court Provides Guidance On Recovery Of Pre-Action Costs
A recent High Court defamation claim which was struck out as an abuse of process has considered the circumstances in which parties may be entitled to recover from their opponent legal costs incurred prior to the issue of proceedings.
Jurisdiction, dispute resolution and governing law clauses
The time to consider these clauses properly is long before you actually need them. It is important to give some careful thought to the possible options available since if the clauses end up being required, the parties are not so likely to be amenable to one another by that stage. Read Jonathan Haydn-Williams short guide to the options available for these contractual provisions....
Pre-Action Protocol For Dilapidations Claims Adopted By Civil Procedure Rules
Landlords and tenants should be aware that a new set of rules has been adopted by Courts, effective as of 1 January 2012, which are designed to help parties manage and settle dilapidations claims without the need for litigation. Click here for a summary.
Rare Media Victory in Production Order Case
Just before Christmas, British Sky Broadcasting Limited (“Sky”) learned that it had succeeded in its application for Judicial Review of a PACE Production Order imposed upon it by Judge Paget at the Old Bailey in May 2011. The Administrative Court emphatically quashed the Production Order obtained by the Metropolitan Police Service (“MPS”).
Jury Service in the Age of Technology
Don’t let curiosity get the better of you!
High Court Rules That Insurers May Not Limit Freedom Of Choice Of Solicitor
A recent High Court decision has given insured parties the right to choose their legal representative rather than be forced to accept a solicitor nominated by their insurer.
Proposed Clarification of Defamation Law
The Joint Committee has published its proposed amendments to the Government's draft Defamation Bill. The Joint Committee broadly welcomes the draft Bill and recommends additional provisions.
Recovery of Commercial Rent Arrears: Options for Landlords
In the current uncertain economic climate, it is hardly surprising that landlords of commercial premises increasingly find themselves faced with defaulting tenants. But what are the best practical approaches a landlord can take to recover unpaid sums due under a commercial lease?
In association with Levy & McRae