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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: house of lords Year: 2005 Page 1 of about 33 results (0.016 seconds)

Apr 28 2005 (FN)

Concord Trust (Original Appellants and Cross-respondents) Vs. Law Debe ...

Court : House of Lords

Decided on : Apr-28-2005

..... support of its contention that no event of default had occurred (para.90). so an order was made that the trustee, on receiving an appropriate indemnity from the bondholders to cover the costs of the litigation, should commence proceedings, joining elektrim sa, elektrim finance and concord as defendants, to determine, ..... . if, in breach of that commitment, the bank withdraws the facility the bank is, of course, at risk of liability in damages for breach of contract. (2) chapter 11 of commercial law and commercial practice (2003) discusses material adverse change clauses (mac clauses). the author, professor richard hooley, refers ..... giving by the trustee of an invalid notice of acceleration exposes the trustee to the risk of being found liable in damages for breach of contract. 38. negligence: the relationship between elektrim and the trustee is a contractual one. if there is no contractual duty of care owed by ..... , identified four possible causes of action in damages that might face the trustee. these were: (i) breach of an express or implied term of the contract; (ii) breach of a tortious duty of care; (iii) conspiring with the bondholders to cause elektrim injury by unlawful means; and (iv) interfering ..... event of default had occurred would be of no contractual effect. it could not, therefore, constitute the basis of an action for breach of contract against the trustee (paras.75 and 78). 19. the possibility that the giving of an invalid notice of acceleration might give rise to a .....

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Jun 30 2005 (FN)

National Westminster Bank Plc (Respondents) Vs. Spectrum Plus Limited ...

Court : House of Lords

Decided on : Jun-30-2005

..... , like all other questions of the kind, having regard to the surrounding circumstances under which the instrument was executed, and especially the respective positions of the parties who were the contracting parties, to carry out whose agreement that instrument was executed." cozens-hardy lj made similar observations in yorkshire woolcombers [1903] 2 ch 284, 297. many of the later cases ..... very clearly explained by lord millett in agnew [2001] 2 ac 710, 725-726, para 32. in each case there is a public interest which overrides unrestrained freedom of contract. on the lease/licence issue, the public interest is the protection of vulnerable people seeking living accommodation. on the fixed/floating issue, it is ensuring that preferential creditors obtain the ..... shows how the development of the floating charge was enthusiastically encouraged by some of the great chancery judges of the late 19th century, who were robust defenders of freedom of contract. but after the floating charge had, with great rapidity, grown to maturity, there was something of a reappraisal. the floating charge had become a cuckoo in the nest of ..... lord macnaghten in tailby v official receiver 13 app cas 523, 545 - "between men of full age and competent understanding ought there to be any limit to the freedom of contract but that imposed by positive law or dictated by considerations of morality or public policy? the limit proposed is purely arbitrary, and i think meaningless and unreasonable." these reservations, .....

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Feb 16 2005 (FN)

J I Macwilliam Company Inc (Respondents) Vs. Mediterranean Shipping Co ...

Court : House of Lords

Decided on : Feb-16-2005

..... of shipping document, such an interpretation would not be inappropriate. 76. finally, that interpretation appears to derive support from the second part of article i(b), relating to contracts of carriage covered by "bills of lading or any similar document as aforesaid issued under or pursuant to a charterparty". when such a document of title is issued, the ..... of cornhill and lord rodger of earlsferry, i would dismiss the appeal. lord rodger of earlsferry my lords, 53. in 1989 the appellants, mediterranean shipping company sa ("msc"), contracted with coniston international machinery ltd ("coniston international") to carry four containers of printing equipment from durban to felixstowe and onward to boston. the respondents, j i macwilliam company inc ("macwilliams ..... legitimate bearer of the bills of lading, these documents giving rights .. calberson [the shipper's agent] cannot therefore reproach msc for having committed a fault in executing the contract of carriage, in accordance with particulars of the bill of lading. far from contravening its obligations the carrier has ensured the respect owed to the documents of title to the ..... rules was on order bills. this is readily understandable, since such bills were very much more common than straight bills and downstream endorsees were even further removed from the contract of carriage than named consignees. but it is plain that straight bills were not ignored in the course of discussion. was it intended that these should fall outside .....

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Dec 15 2005 (FN)

Davidson (Ap) (Appellant) Vs. Scottish Ministers (Respondents) Scotlan ...

Court : House of Lords

Decided on : Dec-15-2005

..... delict, section 2, as translated by section 43(b), applies to scotland. section 3 deals with intellectual property and section 4 with the application of the law as to indemnity, contribution, joint and several tortfeasors and contributory negligence. again, with some help in translation, that section applies to scotland. as enacted, part i contained a number of ..... the hallmark of some modern drafting, subsection (4) makes sure that the section applies to unilateral obligations in the same way as it does to a contract. the comparison with contract indicates that the draftsman has in mind unilateral obligations under scottish private law. subsection (2) provides that property and liabilities are to be transferred between the ..... indicates, parliament had in mind situations where previously, under statute, ministers or departments or officers of the crown could have been sued in respect of civil liabilities, especially contracts. a well-known example was the minister of transport who, under section 26(1) of the ministry of transport act 1919, as amended by schedule 2 to the ..... private law (including private international law), (b) the law of persons (including natural persons, legal persons and unincorporated bodies), (c) the law of obligations (including obligations arising from contract, unilateral promise, delict, unjustified enrichment and negotiorum gestio), (d) the law of property (including heritable and moveable property, trusts and succession), and (e) the law of actions ( .....

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Dec 15 2005 (FN)

Percy (Ap) (Appellant) Vs. Church of Scotland Board of National Missio ...

Court : House of Lords

Decided on : Dec-15-2005

..... had the tribunal directed itself correctly on this point it would have concluded that, notwithstanding the religious nature of the services ms percy was engaged to provide, the contract was a contract of employment within the definition in section 82(1) of the 1975 act. i would so hold. in the circumstances it is not necessary to remit the matter ..... was no intention to create legal relations? that submission seems to me unanswerable. there was plainly an intention to create legal relations. but those legal relations were not a contract of employment. they were an appointment to a well-recognised office, imposing legal duties and conferring legal rights. the nature of an office inevitably means that the procedures ..... , appointed pursuant to statutory authority, was an employee within the meaning of the unfair dismissal legislation. the local authority contended that holding that statutory office was not consistent with a contract of employment. the employment appeal tribunal rejected this submission. morison j said, at page 243: 'the question that the [employment] tribunal should have asked itself was whether [the ..... reached the same conclusion regarding assistants to ministers, not to be confused with associate ministers, of the church of scotland. applying the 'control' test used in identifying a contract of employment, an assistant to a minister was not subject to the control and direction of any particular master. an assistant holds an ecclesiastical office and performs his duties .....

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Oct 20 2005 (FN)

Campbell (Appellant) Vs. Mgn Limited (Respondents)

Court : House of Lords

Decided on : Oct-20-2005

..... was originally introduced in england, the amount of the uplift is fixed by the agreement which the client has entered into with the solicitor. this then becomes a matter of contract. so it is not open to the client to have the amount of the uplift reduced when the solicitor's account is being taxed, although the figure to which it ..... done, based not on any conduct or attribute of paying parties, but as a penalty for having lost in litigation against opponents who have entered into a particular type of contract with their own lawyers." 16. i am not sure that "penalty" is quite the right word, but there is no doubt that a deliberate policy of the 1999 act was .....

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Dec 01 2005 (FN)

London Diocesan Fund and Others (Respondents) Vs. Avonridge Property C ...

Court : House of Lords

Decided on : Dec-01-2005

..... mischief. 40. it would, of course, have been open to parliament, when passing the 1995 act, to limit the initial landlord's freedom to contract out of any continuing liability. but there is nothing in the 1995 act which effects such a fundamental change of principle. given the concerns of the ..... new tenancies should be covered by their recommendations, they clearly could not have contemplated any change in the existing freedom of the original parties to contract out of any continuing liability once they had parted with their interest in the property. this is confirmed by the reference to that freedom in ..... power "to exclude, modify or otherwise frustrate" the operation of the act. 34. i cannot see why a different result should follow just because the contracting-out provision is contained, not in a separate covenant, but in a rather clumsy parenthesis at the beginning of clause 6, which (as is common ground ..... of ex-landlords and ex-tenants, not for the imposition of such liability on them. but section 25 of the act contains a provision against "contracting-out" expressed in wide terms. it applies (by section 25(4)) to an agreement relating to a tenancy whether or not the agreement is ..... this is rarely done.' a similar view is expressed in paragraph 3.3: the continuing liability of the original parties to leases is a 'matter of contract'. the parties 'are free to vary the normal rule'. this is 'sometimes done, but not frequently'. nowhere in its report does the commission suggest the .....

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May 05 2005 (FN)

Regina Vs. Secretary of State for Work and Pensions (Appellant) Ex Par ...

Court : House of Lords

Decided on : May-05-2005

lord nicholls of birkenhead 1. i have had the advantage of reading in draft the speech of my noble and learned friend lord hoffmann. for the reasons he gives, with which i agree, i would allow the appeals of the secretary of state and dismiss the appeals of the widowers. 2. i add a note on one point, concerning the claims in respect of widow's payment and widowed mother's allowance under sections 36 and 37 of the social security contributions and benefits act 1992. the widowers' claim is that non-payment of corresponding amounts to them was unlawful discrimination. non-payment of these amounts to them, it is said, violated their convention right under article 14 read with article 1 of protocol 1. accordingly the secretary of state's failure to make corresponding payments to widowers was unlawful under section 6(1) of the human rights act 1998. by failing to make such payments the secretary of state acted incompatibly with the claimants' convention right. 3. the secretary of state's primary defence to this claim lies in section 6(2) of the human rights act. your lordships are all of the opinion that this defence is well-founded. i agree. there is a measure of disagreement on whether the applicable paragraph of section 6(2) is paragraph (a) or paragraph (b). in my view it is not necessary to decide which is the applicable paragraph in this case and there is good reason for not doing so. it is not necessary because it is clear that one paragraph or the other is applicable. it is .....

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Jul 21 2005 (FN)

Regina Vs. Soneji and Another (Respondents) (on Appeal from the Court ...

Court : House of Lords

Decided on : Jul-21-2005

..... by then or not at all. rather, even if she fails to meet your deadline, she still remains under a duty to return home. on the other hand, if you contract with a conjuror to perform at your daughter's birthday party, you want the conjuror and his tricks only for the party. his duty is accordingly limited to performing at .....

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Dec 08 2005 (FN)

Deep VeIn Thrombosis and Air Travel Group Litigation (8 Actions) (Form ...

Court : House of Lords

Decided on : Dec-08-2005

..... there are significant advantages in the system laid down by the convention. a principal consequence of that system is the exposure of the carrier to liabilities without the freedom to contract out of them. but it defines those situations in which compensation is to be available, and it sets out the limits of liability and the conditions under which claims to ..... which will govern contractual and, where relevant, delictual relationships not just for a finite time but for the future as the transactions to which they apply are entered into. the contracts into which the code is to be incorporated are to be made and will be performed at dates in the future, maybe long into the future. notionally to relate them .....

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