Showing posts with label supreme court. Show all posts
Showing posts with label supreme court. Show all posts
Thursday, 31 January 2013
Supreme Court on Video!
It seems that the Courts are finally embracing the idea of cameras in Courts. The Supreme Court now has its own YouTube Channel featuring summaries of judgments, and cameras are set to appear in the Court of Appeal in the near future.
The video below summarises the Court's reasons for the decision in Rugby Football Union v Viagogo, a contract law dispute in which the RFU sought an injunction requiring Viagogo to provide the names of people selling international rugby tickets using Viagogo's webiste so that the RFU could pursue claims in breach of contract against them:
Tuesday, 16 November 2010
Oceanbulk Shipping v TMT Asia
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| A big boat, yesterday. |
The court can consider the objective facts of the parties pre-contractual negotiations when trying to work out the true intentions of the parties - but NOT those negotiations entered into on a "without prejudice" basis.
Until now, that is. It appears that "without prejudice" negotiations may now be admissible if it helps the judge work out the intentions of the parties in order to rule on exactly how the contract should be constructed.
It may help A2 students to think of such negotiations as representations, but ones that carry a rider effectively saying "don't rely on this". This allows the parties to speak freely when negotiating.
So is it a good idea to create an exception to the without prejudice rule? Is this fair, or not? What's the impact on certainty? Have a think!
Oceanbulk is also a case where the Court took into account the (persuasive) decision of a lower Court - namely the Court of Appeal in Unilever v Proctor & Gamble [2000] 1 WLR 2436.
If this case seems dry to you, you might want to consider the damages at stake - between three and four hundred million dollars. Yikes!
Labels:
contract law,
precedent,
representations,
supreme court
Friday, 9 October 2009
UK Supreme Court blog
Wednesday, 16 September 2009
Supreme Court podcast

Radio 4 report - listen here.
Really good programme on the Supreme Court on Radio 4 this Sunday at 5pm too.
Thursday, 10 September 2009
The New Supreme Court

...replaces the House of Lords as the highest court in our domestic hierarchy this year. The Supreme Court will sit for the first time in October 2009. Radio 4 had an interesting discussion of the possible impact of this new institution this week - listen here. (Only available for 6 more days on iPlayer).
The BBC discuss fears over the court's new role here. Have a look at some stunning photos of the new building here, and read a potted history of the Law Lords.
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