Category: jmvghcnr

Contracts

first_img The appellant (M) appealed against a decision of the Court of Appeal ([2009] EWCA Civ 26, [2009] 2 All ER (Comm) 54) that it had not entered into a contract with the respondent (R). M and R had entered into negotiations about R supplying and installing automated packaging machinery for M. Although they had intended that a written contract would set out the terms on which the work was to be carried out, work had in fact begun before the terms were finalised. For the purpose of enabling the work to begin, and while continuing to negotiate the full contract terms, the parties had entered into a contract formed by a letter of intent, which provided for the whole agreed contract price and contemplated that the full contract terms would be based on ‘MF/1’ terms. By 5 July 2005, a draft final contract was produced, which provided that it would not become effective until each party had executed and exchanged a counterpart. That was never done. Rather, all the terms having been agreed, substantial works were carried out and, on 25 August, the agreement was varied in important respects. The issue was whether, after the expiry of the letter of intent, M and R had entered into a contract and, if so, on what terms. The judge at first instance found that, after the expiry of the letter of intent, the parties had entered into a contract whereby R would carry out the agreed work for the agreed price. He declined, however, to find that the contract included the final draft version of the MF/1 terms. The Court of Appeal overturned that decision, finding that no contract had come into existence after the expiry of the letter of intent. M submitted that there was a contract after the expiry of the letter of intent contract and that it was not on any of the MF/1 terms. R submitted that there was no contract or, if there was, it was on all the MF/1 terms as amended in the course of negotiation. Held: (1) The instant case demonstrated the perils of beginning work without agreeing the precise basis upon which it was to be done, and the moral was to reach agreement before work began. Where a contract was being negotiated subject to contract, and work began before the formal contract was executed, it could not be said that there would always, or even usually, be a contract on the terms that were agreed subject to contract. That was too simplistic and dogmatic an approach. The court was not to impose binding contracts that the parties had not reached; all would depend upon the circumstances, Pagnan SpA v Feed Products Ltd [1987] 2 Lloyd’s Rep 601 CA (Civ Div) applied. There was no conflict between the approach of Steyn J in G Percy Trentham Ltd v Archital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 CA (Civ Div), and that of Robert Goff J in British Steel Corp v Cleveland Bridge & Engineering Co Ltd [1984] 1 All ER 504 QBD, G Percy Trentham and British Steel considered. Each case depended on its own facts. Where the parties had conducted negotiations on the basis that, when reached, the agreement would be incorporated in a formal contract, the question was whether they had nevertheless agreed to enter into contractual relations on particular terms notwithstanding their earlier understanding or agreement. (2) The idea that there was no contract was unconvincing. It was unrealistic to suppose that the parties had not intended to create legal relations. If, as was accepted, the price had been agreed, it must have formed part of a contract. Once the letter of intent contract had expired, the contract containing the price must have been contained in some other agreement. (3) It did not make commercial sense to hold that the parties were agreeing to the works being carried out without any relevant contract terms. They treated the agreement reached on 25 August as a variation of the agreement that they had reached by 5 July, and it was not until they were in dispute that that suggestion was made that there was no contract. By 25 August at the latest the parties’ communications and actions led to the conclusion that they had agreed that the work would be performed on the terms agreed. Equally, though, it would make no commercial sense to hold that the work was to be carried out on some, but not all, of the terms agreed by July 5. (4) In considering whether there was a contract on terms wider than those found by the judge it was necessary to ask whether the parties intended to be bound by what was agreed; whether further, essential terms were necessary in order for the contract to be legally enforceable; and whether they had departed from the understanding that it was to be subject to contract. By 5 July they had reached an agreement designed to operate as a composite whole. None of the issues outstanding thereafter was regarded as an essential matter requiring agreement before the contract could be binding, and they had agreed to waive the requirement that the agreement was subject to contract. In conclusion, they had reached a binding agreement on or about 25 August on the terms agreed on or before 5 July as subsequently varied, and that agreement was not subject to contract. Appeal allowed. Kenneth MacLean QC, Michael Fealy (instructed by Pinsent Masons) for the appellant; Stuart Catchpole QC, Charles Manzoni QC (instructed by Addleshaw Goddard) for the respondent. Contract terms – Formation of contract – Letters of intent – Waivercenter_img RTS Flexible Systems Ltd v Molkerei Alois Muller GMBH & Co KG (UK production): SC (Lords Phillips (president), Mance, Collins, Kerr, Clarke): 10 March 2010last_img read more

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McDermott wins Megalodon move

first_imgMcDermott was awarded the deal by Walter Oil & Gas Corporation, and it will provide all materials and equipment to transport and install the six-pile platform at water depth of 391 ft (119.18 m). The heavy-lift Derrick Barge 50 will perform a side-lift of the 3,300-tonne jacket and set the 2,100-tonne topsides. The rigging project is scheduled to get underway during the fourth quarter of 2014.”McDermott is pleased to work again for Walter to support its drilling and production activities,” said Dominic Savarino, vice president and general manager, Americas. “This project supports our goal to maximise our asset utilisation between large contracts through short term transportation and installation work.”  www.mcdermott.comlast_img read more

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Instructions rise at Countrywide

first_imgInstructions and profits rose at one of the country’s largest volume conveyancers over the last six months, according to its interim financial report published today.The report from Countrywide revealed that in the six months ending 30 June, instructions were up 17% and its profit had risen 12% to £3.4m on the same period in the previous year.The report said the conveyancing division of the property services group, which also has much larger estate agency, lettings and financial services divisions, had ‘seen a promising first-half trading performance’.Overall, income at the group was up by 4% to £258.8m and operating profit up 47% to £22m.It attributed the growth in its conveyancing arm to increased volumes from its own Countrywide branch and broker networks, assisted by the launch of a new ‘bundling proposition’ rolled out to most branches at the start of the year.Countrywide chairman Bob Davies said: ‘Continuing improvements in the availability of mortgage finance, developing customer sentiment and the impact of government initiatives should help to stimulate further the level of activity in the UK housing market.’Chief executive Grenville Turner said: ‘After several years of reporting on the difficult economic environment in the UK housing market, I am pleased to report that we are beginning to see the first signs of recovery.’Commenting on the results and the wider property market, Jonathan Smithers, chair of the Law Society’s conveyancing and land law committee, was more circumspect pointing out that the baseline from which firms are measuring volume is low.He said: ‘Anecdotal evidence from conveyancers is that the market is up for lots of different reasons, but the picture is patchy.’He welcomed the increasing volumes of work, but said that what is important is that the market grows in a sustainable way.‘We don’t want another boom, because that means there will also be a bust,’ he added.‘We want sustainable growth with clients buying and selling houses, repossessions falling and prudent lending.’last_img read more

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Clifford Chance promotes 24 to partner – but only four are women

first_imgMagic circle firm Clifford Chance today announced the promotion of 24 lawyers to the partnership – 
though just four of them are women.The promotions, which are worldwide and include six London-based lawyers, demonstrate the firm’s ‘continued investment in areas valued highly by its client base’, a spokesperson said.Addressing the fact that 83% of the promoted group were men, a firm spokesperson said one of its key long-term priorities is to improve the gender balance in the partnership. Earlier this month, the Gazette reported that magic circle rival Allen & Overy had promoted just two women to partner out of a cohort of 24 lawyers.Clifford Chance said its eventual aim is to have women make up at least 30% of the firm’s partnership. Since 2012, the percentage of women in the global partnership has risen from 15% to 19% and the London partnership is now 21% women.Matthew Layton, managing partner, said: ‘Our new partners are characterised by their commitment to excellent service, to supporting the firm in pursuing our collective goals, and to the development of their teams. I am delighted to welcome them to the partnership and look forward to working alongside them as their careers go from strength to strength.’
The promotions will take effect from 1 May 2017.The London-based partners are: James Bole, Owen Lysak, Timothy Cleary, David Robson, Matt Taylor and Jonathan Kewley.last_img read more

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New Chip Enables Electronic Warfare & Communication Radio Systems to Adapt in Nanoseconds

first_imgTo address the need for radio systems that can adapt to changing environments on the fly and that can be easily reconfigured once they’re in the field, the engineers at BAE Systems have developed a Microwave Array Technology for Reconfigurable Integrated Circuits (MATRICs) chip to address the future requirements of communications, electronic warfare, and signal intelligence systems.The MATRICs (Microwave Array Technology for Reconfigurable Integrated Circuits) chip enables engineers to develop customized radio systems without the need for application-specific chips that are expensive and time consuming to develop.Because it operates over a very wide spectrum of radio signals, systems based on this chip can benefit from reduced size, weight, and power (SWaP) without the long development cycles and expensive engineering costs typically associated with customized chips. The reduced SWaP of this chip makes it ideal for critical applications including unmanned aerial platforms and man-portable radios, where light weight and low power are at a premium. This chip also lets engineers create rapid prototypes and working systems that can be fielded faster and that can accelerate the speed of delivery for new technology.The MATRICs is effectively a radio frequency toolbox on a chip. It covers a broad range of radio waveforms so that many different types of systems can be designed around it, including ones that need wide spectrum awareness and adaptability to dynamic and challenging signal environments.This technology was developed and matured with funding from the DARPA, as part of their Adaptive RF Technology program. The ART program aims to advance the hardware used in radios that can reconfigure themselves under a range of environmental and operating conditions.The speed of delivery from concept to the field is a critical component of the U.S. Department of Defense’s Third Offset Strategy, which has created a demand for agile systems that can efficiently address changing conditions in real-time as new advanced technologies emerge. The DoD strategy also focuses on the need for accelerated development and the rapid fielding of new technology by modifying existing systems, concepts that are at the core of MATRICs’ flexible design.Lear more about BAE Systems cognitive RF processing technology.last_img read more

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Samsung 5G LTE Massive MIMO Solutions Now Being Used by the Sprint 2.5 GHz LTE Network

first_imgSamsung Electronics America’s 5G-ready massive MIMO solutions on Sprint’s 2.5 GHz TDD-LTE network are now in commercial service. As part of Sprint’s network, Samsung’s massive MIMO solutions deliver improved 4G LTE throughput and capacity to Sprint’s subscribers. Additionally, this helps provide Sprint with a seamless upgrade path to 5G New Radio (NR), utilizing the carrier’s deep 2.5 GHz spectrum.In February 2018, Sprint announced its selection of Samsung as a massive MIMO provider for their future 5G mobile network launch in the U.S., an important milestone for the carrier. Samsung’s massive MIMO can provide a way for operators to inject new capacity into their network without having to purchase more spectrums or add new base stations. It is being used by Sprint to significantly boost LTE network speeds and capacity for millions of U.S. customers, while improving network efficiencies through advanced beam-forming.In addition to delivering substantial capacity gains using the same amount of spectrum, Samsung’s MIMO solution offers a seamless path through split mode, enabling deployment of 4G and 5G NR on the same radio, without any hardware changes. The massive MIMO implementation also includes the Samsung CDU 30, a higher capacity digital unit and software that enables gigabit level speeds while supporting eMTC and NB-IoT.last_img read more

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Tokuyama, Cho to fight for title

first_imgOSAKA — Champion Masamori Tokuyama, a pro-Pyongyang Korean resident of Japan, will fight former champion Cho In Joo of South Korea on May 20 for the World Boxing Council super-flyweight title.Tokuyama, whose Korean name is Hong Chang Soo, will attempt to make his second title defense either in Pyongyang or in Seoul, Hideo Kanazawa, head of the gym where the champion trains, said Tuesday. GET THE BEST OF THE JAPAN TIMES Kanazawa said he hopes that an agreement on a venue can be reached with the Cho camp later this month. Tokuyama took a unanimous points decision from Cho last August to win the championship belt, then won a one-sided fight against fifth-ranked challenger Akihiko Nago of Japan in December for his first title defense. center_img IN FIVE EASY PIECES WITH TAKE 5last_img read more

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Japan wins Davis Cup matches

first_img GET THE BEST OF THE JAPAN TIMES OSAKA – Japan won two singles matches against Thailand in straight sets Friday in the Davis Cup Asia/Oceania Zone second round in Osaka Prefecture, and needs one more victory to claim a place in a playoff for the World Group.Japan’s Go Soeda, who at 224th is the highest-ranked Japanese player on the ATP Tour, overwhelmed 16-year-old Kittipong Wachiramanowong 6-1, 6-2, 6-2 in the opening match at Namihaya Dome, and Takao Suzuki followed with a 6-4, 6-2, 6-3 win over Thailand’s Weerapat Doakmaiklee. IN FIVE EASY PIECES WITH TAKE 5last_img read more

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Competition: kick-off 2019 with Gilbert Rugby

first_imgOne lucky entrant will win four tickets to the Gallagher Premiership Rugby Final at Twickenham Stadium on June 1st, plus a stunning Gallagher Premiership Rugby Matchball – as used by Bristol Bears stars every week.The Match-XV ball features Gallagher Premiership Rugby colourways and branding, new to Premiership Rugby for the 2018-19 season. You’ll get unbeatable performance and incredible control from the Match-XV.Gilbert have been a trusted partner of Premiership Rugby for over 20 years; supplying performance products to some of the World’s best rugby players. With innovation at their heart, Gilbert continue to produce some of the most technically advance rugby products available.To enter the competition, simply answer one very easy question:Who is the new title partner of Premiership Rugby?Click this link to enter – you’ll be taken to the Gilbert Rugby website to complete your entry.last_img read more

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Ipatas Cup Western End finals begin

first_imgRugby League The biggest Rugby League off season competition in the country, the Coca Cola Ipatas Cup enters its first finals for the Western End to be staged in Jiwaka Province at the Minj Rugby League Grounds starting today. The Western End Finals will see 16 teams representing Hela Province, Southern Highlands Province, Enga Province, Western Highlands and Simbu Province battle for the top 2 spots to represent the Western End in the Grand Final in Lae set for February 28 to March 1. The 16 teams are Kala United, Yakuman Brothers, Tsak Pembe, Hela 2, Gumini Pythons, Mendi Hawks, Poroma Nuggets, JBS Hawks, Asi Bulldogs, City Tigers, NK Storms, Dakon Waiyer 9er’s, Works Panthers, Kimininga Warriors, East West Ninja’s and Cane Construction Bulldogs. These teams qualified from their respective provinces and will be playing every game to the best of their ability as the finals format only allows for the winners to proceed to the next day, while the losers for Friday and Saturday bow out of the Finals, explained CCIC competition manager Sam Koi. Out of the 174 teams that participated in the Competition throughout the country the first 16 teams now have the opportunity to showcase their talents to claim the two spots for the Grand Final in Lae. New teams that have qualified are the Tsak Pembe from Enga Province, Kala United and East West Ninja’s from the Western Highlands, Hawks, Asi Bulldogs and NK Storms from the Southern Highlands. “These teams will be out in force to prove to teams like Yakuman Brothers, Poroma Nuggets, JBS Hawks, Cane Construction Bulldogs and City Tigers that featured in past finals that it is now time for them to make their mark in the finals. “All teams have a mixture of experience and young players. “As for Kala United they have the Mt Hagen Eagles playmaker Israel Balio, while for Yakuman Brothers they have former Snax Lae Tigers center Charles Martin and the Reto Brothers who play for the Enga Mioks. “They will kick off the first game followed by the underdogs Tsak Pembe and the Hela 2 which is coached by former Guria’s Obed Hondale. “The third game between Gumini Pythons led by former Simbu Warriors frontman Sonny Daing and the Mendi Hawks.” The Asi Bulldogs will be led by veteran and one of the first CCIC products in David Loko, who will lead his team representing the Ialibu District. The Bulldogs will play City Tigers, which is a team founded by late David Ako from the settlements of Warakum in Mount Hagen. “City Tigers will have a lot to play for as they want to ensure they have another day to play in memory of their late sponsor and mentor.” Koi said. All 16 teams have deserved their spots and will give their best, however at this stage the front runners with a good blend of players are the NK Storms of Southern Highlands which have the likes of Miseck Wallen and Daniel Tapol who are experienced Digicel Cup Players for the Wigman and the Muruks, who are also part of the SP PNG Hunters squad. The Storms will play the Darkon Waiyer 9er’s from the Simbu Province which is led by the ever green general Willie Guambo who will be directing play as both teams look to set a benchmark with their style of play. Koi further congratulated the 16 teams from the Western End for making it this far out of the 174 teams that participated. He advised all teams and their supporters to enjoy the game over the weekend and hope they all take ownership of the game and accept the game results by playing in the true spirit of the game. “We would also like to take this time to thank our Patron the Grand Chief Sir Peter Ipatas KBE, GCL, MP and to all our sponsors being Coca Cola Amatil, National Gaming and Control Board, Mineral Resource Enga, Mineral Resources Development Company, Kumul Energy, New Britian Palm Oil and Summit Mt Kare. Koi also thanked Joshua Ambane and his team who have completely changed the Minj Oval by cleaning the whole field and maintaining the field so that for the first time the field and its surrounding has been all cleared and looks conducive to hosting the 16 teams.last_img read more

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