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The Chancellor’s Autumn Statement: good and bad news for homebuyers

5 December 2011 | Richard John | 1 comment

There was good and bad news for homebuyers in the Chancellor’s recent Autumn Statement. The introduction of a new-build indemnity scheme, aimed at increasing the supply of affordable mortgage finance...

Tags on this discussion: deposit developers First-time buyers housebuilders indemnity mortgage new-build new-build indemnity scheme relief right-to-buy social housing Stamp Duty Land Tax

Agent can act for competing principals under Commercial Agents Regulations – Rossetti Marketing v Diamond Sofa, High Court

11 October 2011 | Paul Gershlick

S had been appointed as Diamond’s agent for the sale of Diamond’s leather upholstery products in the UK and Ireland. Four years later, S transferred its business to Rossetti. Shortly after the transfer,...

Tags on this discussion: agency agency agreement agency agreements agency contract agency contracts agreement agreements commercial commercial agent Commercial Agents (Council Directive) Regulations Commercial Agents Directive Commercial Agents Regulations commercial agreement commercial agreements Commercial contract commercial contracts commercial law compensation contract contract termination contracts Directive EU EU law Europe European Union European Union law indemnity principal term terminate termination

The impact of indemnity insurance on success fees and conditional fee agreements

4 April 2011 | Jane Anderson

Introduction In the recent Court of Appeal case of Sousa –v- Waltham Forest London Borough Council [2011] EWCA Civ 194, the Court considered whether a claimant was entitled to recover a success...

Tags on this discussion: ccfa CFA Court of Appeal indemnity Insurance success fee

Is a guarantee liability a liquidated sum?

25 November 2010 | Steven Mills Comments Off

Is a creditor entitled to bring bankruptcy proceedings in respect of a guarantee and indemnity? In this case , the question the court asked was whether a guarantee liability, is a liability for a...

Tags on this discussion: bankruptcy debts guarantee indemnity liquidated damages

Agent entitled to indemnity even if serious breach discovered after termination notice has been given – Volvo v Autohof, European Court of Justice

20 November 2010 | Mark Weston

Under the European Union’s Commercial Agents Directive, agents are entitled to be indemnified or compensated on termination of their agency agreements, except in some limited situations such as when...

Tags on this discussion: agency agent commercial agent Commercial Agents Directive Commercial Agents Regulations compensation Court of Justice of European Union Court of Justice of the European Union Directive ECJ EU EU Directive EU law Europe European Court of Justice European Union indemnity notice principal terminate termination

It’s not personal…

29 July 2010 | Samantha Lloyd

An indemnity given by a financial advisor was not personal and therefore could be enforced by an assignee said the Court of Appeal in Shaw v Lighthousexpress Ltd [2010] EWCA Civ 161. Berkeley...

Tags on this discussion: asset purchase agreement assignment contract contracts corporate Court of Appeal indemnity Shaw v Lighthousexpress Ltd

Automatic termination of indemnity upon insolvency event breaches anti-deprivation rule – Mayhew v King, High Court

11 June 2010 | Paul Gershlick

T agreed to indemnify M in a contract in relation to some particular litigation that may be brought against M. The agreement said that the indemnity would automatically end if M suffered any insolvency...

Tags on this discussion: administration anti-deprivation anti-deprivation principle anti-deprivation rule asset assignment breach creditors High Court indemnify indemnity Insolvency unenforceable

Court of Appeal issues reminder to use clear words for negligence in limitation of liability and indemnity clauses – Jose v MacSalvors, Court of Appeal

12 January 2010 | Mark Weston

Brush hired a crane from MacSalvors using the Construction Plant Hire Association’s Model Conditions for Plant Hire. Along with the crane, Mr Thomas Jose, the crane operator, was also provided for hire....

Tags on this discussion: contract exclusion of liability indemnity liability negligence

Latest news and views tagged indemnity

The Chancellor’s Autumn Statement: good and bad news for homebuyers

Agent can act for competing principals under Commercial Agents Regulations – Rossetti Marketing v Diamond Sofa, High Court

The impact of indemnity insurance on success fees and conditional fee agreements

Is a guarantee liability a liquidated sum?

Agent entitled to indemnity even if serious breach discovered after termination notice has been given – Volvo v Autohof, European Court of Justice

It’s not personal…

Automatic termination of indemnity upon insolvency event breaches anti-deprivation rule – Mayhew v King, High Court

Court of Appeal issues reminder to use clear words for negligence in limitation of liability and indemnity clauses – Jose v MacSalvors, Court of Appeal

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