The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Commercial

Insurers – late payment

Section 13A Insurance Act 2015 will make it an implied term of every insurance policy that the insurer will pay out within a ‘reasonable’ period of time (which will include a ‘reasonable time’ for the insurer to investigate and assess the claim).

Subscribers only...
 

Airline delay – ‘extraordinary circumstance’

The EU rules on airline compensation for delay have, to all extents and purposes, become strict liability. The lead case is jet2.com [2014] which involved two faulty engine parts in a KLM plane that was due to leave for Quito. The parts failed unexpectedly – but within their normal lifespans – meaning that KLM had to fly in replacement parts causing a 24-hour delay. KLM argued that, for all practical purposes, it was impossible to avoid the technical failure and thus it was outside their ‘actual control’ and ‘an extraordinary circumstance’. But, it was held that while this was an ‘unexpected flight safety shortcoming’ it was not ‘extraordinary’ because it is ‘normal’ for there to be unexpected mechanical failures – and KLM had a duty to maintain the aircraft so it was in ‘actual control’ (even though there was no way it could have foreseen the failures).

Subscribers only...
 

Contract – ‘good faith’

English courts have shied away from implying a general duty of ‘good faith’ into contracts. The court approach is that parties should be free to negotiate their own contractual terms, and that having an implied term of ‘good faith’ might impact on contractual clarity. This is, of course, very much ‘swimming against the tide’ of international judicial opinion (the civil jurisdictions of Holland, Germany, France and Italy will imply ‘good faith’ provisions, as will the common law jurisdictions of Scotland, New York, Canada, Australia and New Zealand).
Subscribers only...
 

Contract or tort – pros and cons

There are different measures for calculating damages, depending on whether the claim is contractual or tortious. Moreover, if a claimant has a claim in both contract and tort, then they can choose whichever produces the better outcome.
Subscribers only...
 

Exclusion clause – ambiguous

The CA recently dealt with an ambiguous exclusion clause. It took the view that the correct approach is to interpret it in the narrowest way, if a linguistic, contextual and purposive analysis does not resolve the issue.
Subscribers only...
 

Hashtag – registrable?

There is a growing trend for businesses to try and register their most popular hashtags as trade marks.
Subscribers only...
 

Jurisdiction – drafting

A few reminders about jurisdiction issues:
Subscribers only...
 

Disclosure – NDA

Some basic points on the content of a non-disclosure agreement:

Subscribers only...
 

Ambiguity – look at deleted words?

 If there is ambiguity in a document, then it may be possible to look at earlier drafts to see which words have been deleted.

Subscribers only...
 

Liability – cap

 It is common for a contract to contain a liability cap. The idea is to protect the seller or service provider from being sued for much more than the value of the contract.

Subscribers only...
 


Page 8 of 39

Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

Resources

IAG International
MSI Global Alliance
In House Lawyer
www.totallylegal.com
Join the IBA now!