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Lorry makers in price fix enquiry

24 September 2010 | Paul Gershlick

Some leading lorry manufacturers in Europe are at the centre of a cartel investigation. The Office of Fair Trading is leading an enquiry into whether they have fixed prices contrary to the Chapter I Prohibition...

Tags on this discussion: anti-competition anti-competitive Article 101 cartel Chapter I Prohibition commercial commercial agreement Commercial contract commercial contracts commercial law competition Competition Act competition law damages illegal Office of Fair Trading OFT price price fixing unenforceable unlawful void

Does a guarantor remain liable in the event that the obligation of the principal debtor is for some reason unenforceable?

22 September 2010 | Steven Mills Comments Off

A typical standard clause in a guarantee provides that if sums cannot be recovered from the principal debtor for whatever reason, the guarantor still remains liable. In this case, the contract was for...

Tags on this discussion: banking banks Guarantees penalty clause unenforceable

Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court

12 August 2010 | Paul Gershlick

Sandhu supplied clothes to JSR, a retailer. The supply contract contained an ‘all monies’ retention of title clause. That clause provided that title in the goods would not pass to JSR until payment...

Tags on this discussion: agreement all monies breach breach of contract clause commercial agreement Commercial contract contract contract law contracts guarantee High Court ineffective purchase agreement purchase contract retention of title Romalpa supply agreement supply contract termination unenforceable

Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

23 July 2010 | Paul Gershlick

C assisted its clients in obtaining photocopying equipment. C put forward R as the preferred supplier for its clients. C was concerned not to get cut out of its relationship with its clients by those clients...

Tags on this discussion: anti-competition anti-competitive anti-trust Article 101 Article 81 block exemption breach of contract commercial agreement Commercial contract competition law confidentiality contract contract law contracts damages EC Treaty EU law High Court illegal preferred supplier summary judgment supplier TFEU Treaty on the Functioning of the European Union unenforceable unlawful vertical agreement void

Rooney scores win by kicking image rights agreement into touch – Proactive Sports Management v Rooney and Stoneygate, High Court

23 July 2010 | Mark Weston

Wayne Rooney had assigned his image rights to S, to act on his behalf with negotiating sponsorship deals. P agreed with S whereby P would act on behalf of S for exploiting some those rights. The agreement...

Tags on this discussion: agreement brand branding brands breach of contract commercial commercial agreement Commercial contract commercial contracts commission contract contract law contracts dispute High Court image rights reasonable reasonableness restraint of trade unenforceable unreasonable void

ISPs seek judicial ruling over legality of Digital Economy Act

21 July 2010 | Mark Weston

BT and Talk Talk – the Internet service providers – have asked the High Court to provide a ruling as to whether the Digital Economy Act is unlawful. They complain that the Act was scrambled through...

Tags on this discussion: copyright copyright infringement Digital Economy Act Digital Economy Bill ePrivacy Directive file-sharing High Court illegal Intellectual property intellectual property rights Internet service provider IP ISP P2P peer-to-peer privacy privacy and electronic communications (ec directive) regulations Privacy and Electronic Communications Directive privacy and electronic communications regulations unauthorised unenforceable unlawful

Several High Street names not operating within Distance Selling Rules

16 July 2010 | Mark Weston

A BBC investigation has discovered that some retailers are not operating within consumer laws imposed by the Consumer Protection (Distance Selling) Regulations 2000. Many are giving out false information...

Tags on this discussion: breach breach of contract business-to-consumer consumer consumer law consumer laws Consumer Protection (Distance Selling) Regulations contract contract law contracts cooling off period distance selling directive Distance Selling Regulations DSR EU law European Union Internet Online online shopping trading standards unenforceable unlawful void web site web sites

EU Member States may impose more consumer-friendly laws than are contained in Unfair Terms Directive – Caja de Ahorros v Associacion de Usuarios de Servicios Bancarios, European Court of Justice

21 June 2010 | Mark Weston

The Unfair Terms Directive states that certain terms in standard business-to-consumer contracts are unfair if they are not in plain language or if they are unfair on consumers. That Directive has been...

Tags on this discussion: B2C business-to-consumer consumer laws contract contract law contracts fair fairness plain English unenforceable unfair Unfair Terms Directive Unfair Terms in Consumer Contracts Regulations

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

Courts will look to uphold contracts and be reluctant to strike them down for unenforceability – Durham Tees Valley Airport v BMIBaby, Court of Appeal

10 June 2010 | Mark Weston

Durham Airport had an agreement with BMIBaby. The Airport agreed to provide substantial funding to support the Airline being at the Airport. In return, the Airline agreed to have two aircraft based operations...

Tags on this discussion: breach of contract contract contract law contracts Court of Appeal damages implied term unenforceable

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Latest news and views tagged unenforceable

Lorry makers in price fix enquiry

Does a guarantor remain liable in the event that the obligation of the principal debtor is for some reason unenforceable?

Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court

Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

Rooney scores win by kicking image rights agreement into touch – Proactive Sports Management v Rooney and Stoneygate, High Court

ISPs seek judicial ruling over legality of Digital Economy Act

Several High Street names not operating within Distance Selling Rules

EU Member States may impose more consumer-friendly laws than are contained in Unfair Terms Directive – Caja de Ahorros v Associacion de Usuarios de Servicios Bancarios, European Court of Justice

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

Courts will look to uphold contracts and be reluctant to strike them down for unenforceability – Durham Tees Valley Airport v BMIBaby, Court of Appeal

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