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Reggae Reggae Sauce not developed in breach of contract – Anthony Bailey & Sylvester Williams v Keith Graham, Levi Roots’ Reggae Reggae Foods Ltd & Levi Roots’ Reggae Reggae Sauce Ltd, High Court

6 December 2011 | Simon Weinberg | 1 comment

Bailey and Williams issued proceedings against Graham (of Dragons’ Den fame under the pseudonym “Levi Roots”) in relation to his creation and marketing of “Reggae Reggae Jerk/BBQ Sauce” for breach...

Tags on this discussion: breach of agreement breach of confidence breach of contract commercial agreement Commercial contract commercial contracts confidence confidential confidentiality contract contract law contracts duty of confidence High Court jerk sauce Levi Roots oral contract Reggae Reggae Sauce

Rooney hits the winner as image right agreement ruled to be a restraint of trade – Proactive Sports Management Ltd v Rooney & Others, Court of Appeal

6 December 2011 | Simon Weinberg

In 2003, as a 17-year-old, Wayne Rooney (R) entered into an image-rights representation agreement with Proactive Sports Management Ltd (P). Under the agreement, R’s image rights, which he had vested...

Tags on this discussion: anti-competition anti-competitive bargaining power breach of contract commercial agreement Commercial contract commercial contracts commission agreement competition law competition regime contract contract law contracts Court of Appeal exploit image rights exploitation of image rights High Court image right image rights image rights agreement Intellectual property intellectual property rights IP legal advice legal representation primary occupation Proactive Proactive Sports Management restraint restraint of trade Rooney trade Wayne Rooney

Danger of oral contracts reiterated – BVM Management v Roger Yeomans t/a The Great Hall of Mains, Court of Appeal

18 November 2011 | Simon Weinberg

Oral contracts, where the parties do not sign a formal document, can exist. As with any contract, this is when the following four basic elements of a contract exist: an offer; acceptance of that...

Tags on this discussion: acceptance breach of contract commercial agreement commercial agreements Commercial contract commercial contracts consideration contract contract law contracts contractual notice County Court Court of Appeal create legal relations High Court intention to create legal relations legal relations notice of termination notice period offer oral agreement oral contract

Court of Appeal orders rectification of a contract where one party unfairly took advantage of another’s failure to appreciate the meaning of one of the terms – Daventry District Council v Daventry & District Housing, Court of Appeal

8 November 2011 | Simon Weinberg

The two parties in this case had negotiated a contract which did not reflect the commercial agreement that had been reached in principle. The contract related to the purchase of council housing by Daventry...

Tags on this discussion: breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contract negotiation contracts contractual mistake council council house council housing housing councils court discretion Daventry Daventry District Council discretion discretionary remedy High Court Local Council mistake negotiation rectification rectified rectify remedy

Estate agents should make sure their agreements cover sale of shares by the vendor rather than just sale of the property or they will not get commission –Estafnous v London & Leeds Business Centres Ltd, Court of Appeal

3 November 2011 | Simon Weinberg

Mr Estafnous (E) and London & Leeds Business Centres (L) had entered into an agreement by which L was to sell a property to a purchase that was introduced to L by E. Under the agreement, L was to pay...

Tags on this discussion: beneficial title breach of contract commercial agreement commercial agreements Commercial contract commercial contracts commission commission agreement contract contract law Court of Appeal Estate Agent estate agents High Court holding company interpretation interpretation of contract legal title property sale property transaction sale of property sale of shares Share sale share transaction Terms & conditions

ASA reiterates that card surcharges must be well indicated

26 October 2011 | Mark Weston

The Advertising Standards Authority (ASA) has upheld a complaint that it received in relation to a website that was not clear about credit and debit card surcharges. The website had added a £1 or £2...

Tags on this discussion: advert advertising Advertising Standard Authority adverts ASA CAP code card surcharge commercial agreement Commercial contract commercial contracts consumer consumer contract Consumer Rights Directive contract contract law contracts credit card credit card surcharge debit card debit card surcharge e-commerce EU EU law European Union European Union law illegal infringement Internet job advertisements marketing marketing campaign misleading misleading advertising Office of Fair Trading OFT Online online content online payment method payment payment method surcharge unauthorised unlawful web web site web sites Website website content websites

Publisher entitled not to publish book due to privacy concerns – Amanda Smith v Headline Publishing, High Court

28 August 2011 | Mark Weston

Under a contract for publication of memoirs, Amanda Smith gave a warranty that her work did not contain anything libellous or otherwise unlawful. She was paid in advance for the work. However, prior to...

Tags on this discussion: breach breach of contract commercial agreement Commercial contract commercial contracts contract contract law contracts Fraud High Court libel libel issues libellous misrep misrepresentation negligence negligent privacy privacy concerns privacy issues publish publisher publishing

Bespoke one year limitation period approved by Technology and Construction Court – Inframatrix Investments v Dean Construction, Technology and Construction Court

20 August 2011 | Mark Weston

A recent ruling of the Technology and Construction Court (TCC) has provided a useful reminder of the reasonableness requirement for limitation clauses, and in particular limitation periods, under the Unfair...

Tags on this discussion: breach of contract commercial agreement Commercial contract commercial contracts contract contract law contracts exclusion exclusion clause limitation limitation clause limitation period limitation periods reasonable reasonableness TCC Technology and Construction Court Unfair Contract Terms Act 1977

Stairway to heaven? No, to court… – Keith Lowe & Ann Lowe v W Machell Joinery Ltd – Court of Appeal

28 July 2011 | Simon Weinberg

The Lowes had ordered a staircase from WMJL and paid for it, but on delivery they rejected the staircase, arguing that it did not comply with the specifications in the contract, and issued proceedings...

Tags on this discussion: breach of contract building Building Regulations commercial agreement Commercial contract commercial contracts contract contract law contracts contractual design contractual specification Court of Appeal design fit for purpose High Court rejection of goods satisfactory quality specification

Nylon and Barclays settle £250m investment dispute

25 July 2011 | Simon Weinberg

Nylon Capital was a hedge fund that was set up seven years ago, and Barclays made an initial capital investment of £250 million into funds under its management. The parties entered into an LLP agreement...

Tags on this discussion: banking banks Barclays breach of contract commercial agreement Commercial contract commercial contracts contract contract law contracts Court of Appeal fund fund management funds hedge hedge fund hedge fund investment hedge fund investments hedge funds High Court investment investments limited liability partnership Limited Liability Partnership agreement LLP LLP agreement LLP dispute settlement settlementagreement

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Latest news and views tagged contract law

Reggae Reggae Sauce not developed in breach of contract – Anthony Bailey & Sylvester Williams v Keith Graham, Levi Roots’ Reggae Reggae Foods Ltd & Levi Roots’ Reggae Reggae Sauce Ltd, High Court

Rooney hits the winner as image right agreement ruled to be a restraint of trade – Proactive Sports Management Ltd v Rooney & Others, Court of Appeal

Danger of oral contracts reiterated – BVM Management v Roger Yeomans t/a The Great Hall of Mains, Court of Appeal

Court of Appeal orders rectification of a contract where one party unfairly took advantage of another’s failure to appreciate the meaning of one of the terms – Daventry District Council v Daventry & District Housing, Court of Appeal

Estate agents should make sure their agreements cover sale of shares by the vendor rather than just sale of the property or they will not get commission –Estafnous v London & Leeds Business Centres Ltd, Court of Appeal

ASA reiterates that card surcharges must be well indicated

Publisher entitled not to publish book due to privacy concerns – Amanda Smith v Headline Publishing, High Court

Bespoke one year limitation period approved by Technology and Construction Court – Inframatrix Investments v Dean Construction, Technology and Construction Court

Stairway to heaven? No, to court… – Keith Lowe & Ann Lowe v W Machell Joinery Ltd – Court of Appeal

Nylon and Barclays settle £250m investment dispute

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