Implied Terms in UK Law
EE Ltd v Office of Communications Secretary of State for Culture, Media and Sport and Others (Interested Parties)
That interpretation is strengthened since Article 6 of the Direction compelled Ofcom to revise annual licence fees so that they reflected full market value. In other words, the Secretary of State required Ofcom to achieve a specific outcome, reflecting full market value, and there was no scope for it to take into account considerations which might have resulted in its setting licence fees either below or above full market value.
Dictionary definitions of the word reflect in other contexts, or use of that word on other occasions and in other Ofcom documents are, in my view, of no assistance. On ordinary principles of interpretation, effect must be given to the word as it is used in Article 6.
Nothing elsewhere in domestic legislation leads, in my judgment, to a different conclusion. I accept Mr Saini's submission that the 2006 Act is the lex specialis in relation to Ofcom's duties as regards the radio spectrum. The limited powers for the Secretary of State to give directions to Ofcom contained in section 5 of the 2003 Act cannot hobble the wide power to give directions under section 5 of the 2006 Act.
Similarly, the obligation in Article 8(1) is on Member States. In this case it was the Secretary of State which determined the basis on which fees were to be set, the UK as the Member State having provided for that possibility in section 5 of the 2006 Act. In other words, Ofcom's discretion was lawfully constrained and it was left with the task of implementing the Secretary of State's policy decision.
The Queen (on the application of Vip Communications Ltd ((in Liquidation))) v Secretary of State for the Home Department
Subsequently the use of telecommunications equipment became subject to EU regulation. The current EU regime is the Common Regulatory Framework (“CRF”), introduced in 2002 and which had to be implemented by 24 July 2003. The CRF includes Directive 2002/20/EC of 7 March 2002 of the European Parliament and of the Council on the authorisation of electronic communications networks and services (the “Authorisation Directive”).
British Telecommunications Plc v Office of Communications Cable and Wireless UK and Others (Interveners)
I do not accept that the principles and objectives of the CRF required Ofcom, in considering whether BT was in breach of Condition H3.1, to take into account the lower charges for the terminating sections of PPCs sold by BT. On the contrary, that would undermine the regulatory regime imposed in 2004 by way of ex-ante regulation.
Barton and Others v Morris and another in place of Gwyn–Jones (Deceased)
Claim in unjust enrichment. Quantum meruit. Express terms. Reasonable remuneration. Estate agent. Sale price“
When parties stipulate in their contract the circumstances that must occur in order to impose a legal obligation on one party to pay, they necessarily exclude any obligation to pay in the absence of those circumstances; both any obligation to pay under the contract and any obligation to pay to avoid an enrichment they have received from the counterparty from being unjust.
- Supply of Goods (Implied Terms) Act 1973
- Supply of Services (Exclusion of Implied Terms) Order 1985
- Supply of Goods and Services Act 1982
Sale of Goods Act 1979
... ... mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties ... (2) Nothing in this section affects ... (1) Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party, and he ... ...
The circular economy and the implied terms of contract in English sales law
Purpose: The purpose of this article is to examine the contractual framework for the sale of goods in order to gauge whether the English sales law regime can promote a circular business model. Des...
- Richard Austen-Baker, Implied Terms in English Contract Law
- The Supply of Goods (Implied Terms) Act 1973
Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas
In Marks and Spencer v BNP Paribas, the Supreme Court restated the law on the implication of terms in fact, rejecting the previously authoritative approach taken by Lord Hoffmann in Attorney Genera...
Apply for a park home protected site implied terms order, an express terms order or unenforceable express term order
Forms relating to park homes including termination of an agreement.
Application by occupier of a park home on a protected site (other than a transit pitch on a local authority gypsy and traveller site) for an order that the site owner give the occupier a written statement as to the terms of their agreement
Forms relating to park homes including termination of an agreement.... ... (c) set out the express terms to be contained in the agreement (other than site rules) ... (d) set out the terms to be implied into the agreement by section 2(1) of the Act ... (e) comply with the requirements prescribed by regulations made by the Secretary of State ... ...