Distribution in UK Law
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Sportswear SpA v Four Marketing Ltd
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Pelkey Bicknell v Foxtons Ltd
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However, while such a term will relatively readily be implied into an estate agency contract, it was made clear by Viscount Simon in Luxor (Eastbourne) v Cooper [1941] AC 108 at 119 that, where there is an argument whether or not such a term is to be implied, the issue should be resolved by reference to the normal rules relating to implication of terms.
First, the term identified in Article 57 of Bowstead is “very readily” implied, especially in a residential consumer context, unless the provisions of the particular contract or the facts of the particular case negative it (see per Woolf LJ in Brian Cooper at 19H-J and per Longmore LJ in County Homesearch at para 11). Sixthly, where the term is implied, the burden is on the agent seeking the commission to establish that he was the effective cause (see per Staughton LJ in Chasen Ryder at 28G).
It seems to me that there are two possible readings of the expression “a purchaser” in the phrase “a purchaser introduced by us”. The first, which is favoured by Foxtons and was adopted by the Judge, is that the expression means “a person who at some time in the future becomes a purchaser”. The alternative reading, advanced on behalf of Mrs Bicknell, is that the expression means “a person who becomes a purchaser as a result of our introduction”.
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R (Al-Skeini) v Secretary of State for Defence
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I would respectfully suggest that last sentence could as well have ended: "no less, but certainly no more." There seems to me, indeed, a greater danger in the national court construing the Convention too generously in favour of an applicant than in construing it too narrowly.
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Secret Hotels2 Ltd (Formerly Med Hotels Ltd) v The Commissioners for HM Revenue and Customs
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When interpreting an agreement, the court must have regard to the words used, to the provisions of the agreement as whole, to the surrounding circumstances in so far as they were known to both parties, and to commercial common sense. When deciding on the categorisation of a relationship governed by a written agreement, the label or labels which the parties have used to describe their relationship cannot be conclusive, and may often be of little weight.
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Stephen Burney v The London Mews Company Ltd
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London Mews were appointed sole agents by the vendor to sell Mr Burney's property. They prepared particulars and they advertised the property.
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THE BRADFORD DISTRIBUTION
The distribution of references in a collection of pertinent source documents can be described and predicted by the relation where the parameter ß is related to the subject field and the completenes...
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Testing Convergence in Income Distribution*
The generalized method of moments (GMM) estimator is often used to test for convergence in income distribution in a dynamic panel set‐up. We argue that though consistent, the GMM estimator utilizes...
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Human resource assignment system for distribution centers
Information technology and its wide range of applications have begun to make their presence in a new generation of logistic and distribution service industry. A more flexible breed of application p...
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Electronic journal distribution: a prototype study
This paper discusses issues relating to the electronic distribution of journals, in the context of the Electronic Library Project of the Institute for Scientific Information (ISI). The aim of the P...
- Film Distribution Rights
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UK – Insurance Distribution Directive: Proposal to extend application date
The Insurance Distribution Directive ((EU) 2016/97, the “IDD”) came into force on 22 February 2016, and the current deadline for transposition by member states is 23 February 2018. The impact of th...
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UK: The Insurance Distribution Directive (the IDD) – Final Compromise Text
On 17 July 2015, the Council of the EU published the final compromise text of the Insurance Distribution Directive (“IDD”, formerly, the Second Insurance Mediation Directive (IMD2) or the recast IM...
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UK - Insurance Distribution Directive: Proposal to extend application date
The Insurance Distribution Directive ((EU) 2016/97, the “IDD”) came into force on 22 February 2016, and the current deadline for transposition by member states is 23 February 2018. The impact of th...
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Order for distribution of a Lloyd's Estate
Chancery forms, including claim forms and applications for orders.
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Order stating the result of proceedings on the usual accounts and inquiries in an administration claim
Chancery forms, including claim forms and applications for orders.... ... AND IT IS ORDERED that ... [The order will direct the distribution of the estate, having regard to the above findings, unless this was adjourned to be dealt with on further consideration] ... 8. This order ... ...
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Order
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).... ... High Court Judge level ... Set out the applicable ... paragraphs of the schedule to ... the President’s Guidance on the ... distribution of business ... Part 2 (To be completed by the Court) ... Allocation decision in ... accordance with the Allocation ... Rules and the President’s ... ...
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Form E
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... of sharing in it, or may have the effect of reducing the assets available for distribution ... between you ... Schedule of documents to accompany Form E ... Now that you have completed Form E please make sure that copies of the items ... ...