Unilateral Agreement in UK Law

Leading Cases
  • Joint Stock Company 'Aeroflot-Russian Airlines' v Berezovsky and Others
    • Court of Appeal (Civil Division)
    • 02 Jul 2013

    At the hearing I drew the parties' attention to a recent article of Professor Briggs 34 which further discusses these (amongst other) issues and which, for my part, I find as persuasive as it is characteristically robust. Thirdly, the agreement of a party is not bilateral or contractual, but unilateral.

  • Pengeyo and Others v Secretary of State for The Home Department
    • Court of Appeal (Civil Division)
    • 11 Nov 2010

    Was the AIT right in Ms Pengeyo's and Mr Anwar's cases to hold that the respective immigration judges had acted without jurisdiction? In my judgment they had jurisdiction to embark on the hearing notwithstanding that neither appellant had left the United Kingdom, but once the point was taken by the Home Office (and assuming it to be factually correct, since they might have been absent from the hearing) it operated in bar of the proceedings.

    First it must depend on whether the out-of-country rule applies at all, which is likely to be a mixed question of fact and law. IJ Callender-Smith concluded in Mr Anwar's case that it did not apply. Secondly it may depend on whether the appellant has in fact left the country: he or she may be absent from the hearing but not, or allegedly not, from the United Kingdom. Until such issues have been decided it is impossible to say that the tribunal cannot hear the appeal.

    But it is not every such formula which bars the door to justice. To take only the best-known example, the Limitation Act 1980, s. 2, provides: It is trite law that unless the point is taken, this provision constitutes no bar. In consequence it can be waived by agreement or by unilateral decision. Another example can be found in requirements for leave to bring proceedings: see Adorian v Metropolitan Police Commissioner [2009] EWCA Civ 18.

  • Sharp v Sharp
    • Court of Appeal (Civil Division)
    • 13 Jun 2017

    In his judgment Sir Peter Singer (para 48) held that, save where parties expressly chose to opt out (or attempt to do so) of the sharing concept to which couples subscribe when they marry by making a pre-nuptial agreement, the speeches of Baroness Hale and Lord Mance, in so far as they contemplated unilateral finances in a short marriage, dual career, case, were not consistent with the principles developed since the decision in White.

  • Pittalis v Sherefettin
    • Court of Appeal (Civil Division)
    • 27 Feb 1986

    Looking at the matter apart from authority, I can see no reason why, if an agreement between two persons confers on one of them alone the right to refer the matter to arbitration, the reference should not constitute an arbitration. There is a fully bilateral agreement which constitutes a contract to refer. The fact that the option is exerciseable by one of the parties only seems to me to be irrelevant.

  • Statoil ASA v Louis Dreyfus Energy Services L P
    • Queen's Bench Division (Commercial Court)
    • 29 Set 2008

    The general rule at common law is that if one party has made a mistake as to the terms of the contract and that mistake is known to the other party, then the contract is not binding. The reasoning is that although the parties appear, objectively, to have agreed terms, it is clear that they are not in agreement. Some of the cases talk of such a contract being “void”, but I think it is clearer to say that there was never a contract at all.

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Legislation
  • Taxation (International and Other Provisions) Act 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ...... . . (b) Parts 4 and 5 (transfer pricing and advance pricing agreements),. . . (c) Part 6 (tax arbitrage),. . . (d) Part 7 (tax treatment of ... CHAPTER 1 . Double taxation arrangements and unilateral relief arrangements . Double taxation arrangements Double taxation ......
  • Land Registration Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......for— . . (a) an agreed notice, or. . . (b) a unilateral notice. . (3) The registrar may only approve an application for an ...(b) at the time of the creation of the subsequent charge the. agreement was entered in the register in accordance with rules. . (5) Rules ......
  • The Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... for the purposes of Article 18 of the Protocol as read with the unilateral Declaration, the default democratic consent process referred to in ... the Protocol on Ireland/Northern Ireland to the EU withdrawal agreement 4 ; . “unilateral Declaration” means the declaration by Her ......
  • Income and Corporation Taxes Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ......requires— . ‘lease’ includes an agreement for a lease, and any tenancy,. but does not include a mortgage or ...section. S-790 . Unilateral relief. 790 Unilateral relief. . (1) To the extent appearing from the ......
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Books & Journal Articles
  • THE STATE TAKE‐OVER OF SCHOOLS IN NIGERIA: A CONTROVERSY
    • Núm. 17-1, Enero 1979
    • Journal of Educational Administration
    • 75-86
    Until the middle of the 20th Century, all the governments of the various regions in Nigeria did was to give grants‐in‐aid to the voluntary agencies that operated approved schools while a few “gover...
    ...... e take-ove r o f voluntar y school s base d o n mutua l agreement . However , voluntar y agencie s an d privat e individual s shoul d ......
  • Dispute Resolution in “Essential Services”:. Procedural Experimentation in Canada
    • Núm. 8-2, Febrero 1986
    • Employee Relations
    • 8-12
    In its handling of public sector pay, the present British Government appears to have given higher priority to the minimisation of public expenditure than to the avoidance of disputes. It has on sev...
    ...... e concernin g th e introductio n (failin g negotiate d agreements ) o f compulsor y arbitration , whic h migh t b e bindin g o n th ......
  • China's emerging regional trade policy
    • Núm. 1-1, Enero 2008
    • Journal of Chinese Economic and Foreign Trade Studies
    • 21-35
    Purpose: The purpose of this paper is to provide a timely review and analysis of China's regional trade agreements, its motivations, and its economic implications for Association of Southeast Asian...
    ...... a timely review and analysis of China’s regional trade agreements, its motivations, and its economic implications for Association of ... demonstrates the wisdom of China’s simultaneous pursuit of unilateral, regional and multilateral liberalization – because the wider the ......
  • Extending Equity s Reach through the Mutual Wills Doctrine?
    • Núm. 54-4, Julio 1991
    • The Modern Law Review
    ...... . . mutual wills were made pursuant to a definite agreement or contract not only to make such . . . will but also that ... an equitable proprietary remedy should be imposed for a unilateral breach of agreement only when a very clear justificatory ......
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Law Firm Commentaries
  • Unilateral notice under an SPA not sufficient to stop limitation period expiring
    • JD Supra United Kingdom
    A unilateral notice relating to a tax liability under a share sale and purchase agreement was not a valid notice within the relevant limitation period for a claim. The construction of a unilateral ...
    .... A unilateral notice relating to a tax liability under a share sale and purchase agreement was not a valid notice within the relevant limitation period for a claim. The construction of a unilateral notice must be viewed objectively, having ......
  • Dispute Resolution Post-Brexit Transition Period
    • JD Supra United Kingdom
    For the duration of the Brexit transition period, the UK/EU Withdrawal Agreement provided for EU law to continue to apply to the UK. The transition period concluded on 31 December 2020 and, as wide...
    ...... duration of the Brexit transition period, the UK/EU Withdrawal Agreement provided for EU law to continue to apply to the UK. The transition period ...The UK has, however, taken unilateral steps to limit the impact of the end of the transition period on issues ......
  • UK to Vote on “Magnitsky” Sanctions Against Human Rights Violators
    • LexBlog United Kingdom
    UK Parliamentarians will be voting on the introduction of unilateral sanctions targeting human rights violators, under similar provisions as are in force in the US under the Magnitsky Act. Should t...
    ...UK Parliamentarians will be voting on the introduction of unilateral sanctions targeting human rights violators, under similar provisions as ...Should the Magnitsky Agreement be passed, it would empower the UK government and private parties to apply ......
  • Blacklines Comparison of the New UK/EU Withdrawal Agreement Terms
    • JD Supra United Kingdom
    Yesterday, the EU and U.K. in principle agreed new terms for the withdrawal agreement giving effect to the U.K.’s exit from the European Union. These include a revised political declaration and pro...
    ......These include a revised political declaration and protocol concerning Northern Ireland replacing the controversial backstop. An amended unilateral declaration on consent in Northern Ireland by the U.K. was also published. Attached to this client note are comparison documents showing the changes ......
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