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Unfair Contract Terms Act 1977 – Sections 2 and 11 and Schedule 2 – Fire – Exclusion clause – Claim in negligence and breach of statutory duty – Bringing notice of exclusion clause to the attention of the customer – Effect on remainder of clause – Reasonableness of clause.
18 Sep 2018
“No oral modification” clauses – Whether legally effective – Whether “no oral modification” clauses can be varied orally – Whether intention to vary a “no oral modification” clause is implied from an attempted oral variation of substantive obligations – Analogy with “entire agreement” clauses – Estoppel. – Variations – Consideration – Promises to perform existing obligations – Whether an agreement to pay less or the same money is supported by consideration.
18 Sep 2018
Procurement – Public Contracts Regulations 2015 (SI 2015 No 102) – “Light Touch” Procedure under regulations 74 to 76 – Obligation of transparency – Lack of records of evaluation process – Whether decision unlawful.
18 Sep 2018
Insurance – Project Insurance – Contractors’ All Risk Insurance – Subrogation – Whether sub-contractor co-insured.
18 Sep 2018
Freezing order – CPR 25.1(1)(f) – Arbitration Act 1996, section 101 – Application for relief in support of arbitration enforcement proceedings – Circumstances in which worldwide freezing order appropriate.
18 Sep 2018
Arbitration – Arbitrators – Bias apparent or actual – Objective test of fair-minded and informed observer – Arbitrator's appointment in multiple references – Same or overlapping subject matter – Need for disclosure – Circumstances which may give rise to justifiable doubts as to his impartiality – Consequences of non-disclosure – IBA Guidelines – Arbitration Act 1996 section 24(1)(a).
10 Jul 2018