Latest City Law News

15/03/2010 - Business sale agreement: assignment of contract

The Court of Appeal had to decide whether a contract providing an indemnity clause had been validly assigned to the purchaser of a business under a business sale agreement, and if so, whether the purchaser could claim repayment by way of indemnity from the other party to the contract.

Facts

Shaw, the appellant, was an independent financial adviser (an "IFA"). Prior to 1999 he had a standard form contract in place (an Appointed Representative Contract, "ARC") with a partnership, Berkeley Wodehouse Associates, BWA, which operated through a network of IFAs.
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03/03/2010 - The consequences of a party seeking to rely on documents in an action when they have been obtained by irregular means

The most recent judgment given in connection with divorce proceedings which commenced in December 2008 and which were quickly followed by injunctive proceedings brought a husband against the wife's brothers and companies after they obtained documents and information from the husband's computers addresses the ramifications for the wife who received the documents.
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26/02/2010 - Claim for consequential loss allowed in claim for negligence against surveying firm

The defendant was a licensed conveyancing firm which had acted for the Claimant in a property transaction. Joyce had purchased a property that had been advertised for sale with a buyer's option to purchase some additional land to the rear of the property if the vendor of the property was unable to obtain planning permission for the construction of a dwelling house on the additional land.
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23/02/2010 - Documents executed by email - further guidance from the Law Society

The Law Society has recently published a practice note relating to the execution of documents at virtual signings or closings: "Execution of documents by virtual means£#34.
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