Liability cap in contract includes contractual interest but excludes...
Endsleigh provided certain administration and claims handling services to Markerstudy. Markerstudy claimed for losses resulting from Endsleigh’s alleged overpayment in relation to the claims. There was...
View ArticleSoftware contract clause limiting warranty to operating documents that had...
Red Sky supplied booking and billing software to a busy hotel, Kingsway Hall. ‘Entirety’ was a standard system, but Kingsway soon had trouble with it. The system failed to show room availability, group...
View ArticleEDS agrees to pay Sky £318 million in IT contract dispute
EDS and Sky have finally agreed to settle a costly and long-running dispute over an IT contract. In January, the High Court agreed with Sky’s claim that EDS had mis-sold a customer relationship system....
View ArticleIndustry standard? Must be reasonable then – Röhlig (UK) Ltd v Rock Unique...
The Court of Appeal has ruled that clauses in the standard trading terms of a particular trade industry body were reasonable under the Unfair Contract Terms Act 1977 (UCTA). The ruling upholds the...
View ArticleAnother case shows that many types of economic loss are direct and do not...
This case involved the supply of a system by Eco-Tec to McCain. McCain wanted the system to remove hydrogen sulphide so that it could generate heat and electricity. The system was defective. McCain...
View ArticleCourt of Appeal rules that entire agreement clause did not exclude liability...
AXA appointed agents on its standard form contract to sell its financial products. The contract gave AXA rights to claw back commission if customers cancelled. AXA sought to enforce those provisions....
View ArticleSale of Goods Act and implied terms did not apply to software supply contract...
The parties contracted for IBM to provide its own software, third party software (Orchard’s) which Southwark LBC had asked IBM to provide, and associated services. The framework agreement part of the...
View ArticleSony requires PlayStation Network users to sign up to terms and conditions...
Sony has required its PlayStation Network users to sign up to new terms and conditions that would amount to their waiver of the right to take part in collective legal action, or so-called “class action...
View ArticleGovernment proposes new single consolidated Consumer Bill of Rights
UK consumer laws will be merged into a single consolidated law, according to Government proposals. Currently, there are 12 statutes and Regulations, some of which overlap. The UK will also need to...
View ArticlePerson who acted partly as consumer and partly as business could not rely on...
Overy v Paypal (Europe), High Court Overy wanted to sell his home by offering it as a prize in a competition and used Paypal as an electronic payment service provider to collect entry fees. He also ran...
View ArticleTCC upholds liability clause requiring claims to be brought within one year
Elvanite Full Circle, AMEC Earth & Environmental, Technology and Construction Court This case involved a dispute around planning advice provided by AMEC in an aborted property transaction. Elvanite...
View ArticleConsumer Rights Bill published – sweeping laws to replace decades of business...
The Government has published the draft Consumer Rights Bill. The Bill represents the most significant change to business to consumer law in many years. It consolidates lots of legislation into one...
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