Anurag Deb: The language of laws: Situating legislative drafting in its proper context – UK Constitutional Law Association

Posted December 16th, 2024 in bills, constitutional law, drafting, news by tracey

‘One aspect of the recent debates surrounding the Terminally Ill Adults (End of Life) Bill moved by Kim Leadbeater MP was the criticism expressed of the Bill’s drafting – that is, the actual text of the Bill’s provisions as distinct from their underlying policy objectives or purposes. The concerns with this language were largely put to bed when it emerged that the Bill had been drafted by Dame Elizabeth Gardiner, the former First Parliamentary Counsel (FPC, the head of the Office of the Parliamentary Counsel – the legal drafters who draft Bills moved in the UK Parliament).

In this post, I want to challenge two ideas about how the language of a Bill emerges, not least because legislative drafting is a seldom discussed, and (with respect to those who have engaged with this issue in the context of the Leadbeater Bill) considerably underappreciated, aspect of how primary legislation is made at Westminster and its devolved counterparts.’

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UK Constitutional Law Association, 16th December 2024

Source: ukconstitutionallaw.org

George Peretz: The Policy Exchange Paper on the Attorney General’s New Legal Risk Guidelines: Excited Adjectives, Unpersuasive Analysis – UK Constitutional Law Association

Posted December 5th, 2024 in attorney general, drafting, government departments, legal advice, news, rule of law by tracey

‘One of the best lessons I was given by my pupil supervisors in drafting written submissions was to go back and review the use of every adjective. As they pointed out, there is always a temptation in written advocacy to use excited adjectives, but the cumulative effect often makes the submission less, rather than more, persuasive.

That drafting advice is one that could usefully have been heeded by the authors of the recent paper by Policy Exchange (“PE”) attacking the new Legal Risk Guidelines for government lawyers published by the Attorney General, Lord Hermer KC (“the 2024 Guidelines”).’

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UK Constitutional Law Association, 4th December 2024

Source: ukconstitutionallaw.org

Lack of sanction for costs draftsman shows “hole in regulation” – Legal Futures

‘A judge’s comments on the lack of recourse against an unregulated costs draftsman should focus minds on this hole in legal regulation, the Association of Costs Lawyers (ACL) has argued.’

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Legal Futures, 20th November 2024

Source: www.legalfutures.co.uk

Small law firms embracing AI as they move away from hourly billing – Legal Futures

‘Small law firms have embraced artificial intelligence (AI), with document drafting or automation the most popular application, according to new research.’

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Legal Futures, 7th November 2024

Source: www.legalfutures.co.uk

AI drafting in job ads: human oversight essential to ensure social mobility inclusion – OUT-LAW.com

Posted June 25th, 2024 in advertising, artificial intelligence, diversity, drafting, news, recruitment by tracey

‘Human resources professionals, recruiters and business leaders should be aware of the crucial role language in job advertisements can play in attracting a diverse pool of applicants, and that while artificial intelligence (AI) can expedite the drafting process, human oversight remains essential.’

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OUT-LAW.com, 24th June 2024

Source: www.pinsentmasons.com

GenAI helps lawyers overcome ‘blank page syndrome’ – Legal Futures

Posted June 11th, 2024 in artificial intelligence, drafting, law firms, news, reports by tracey

‘Three-quarters of lawyers agree that using generative artificial intelligence (GenAI) helps them “get to a first draft quicker”, according to a report on trials run by a leading City law firm.’

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Legal Futures, 11th June 2024

Source: www.legalfutures.co.uk

An update to the STEP Standard Provisions – Mills & Reeve

Posted January 18th, 2024 in drafting, news, trusts, wills by sally

‘On the 2 November 2023, the Society of Trust Estates and Practitioners (STEP) published the third edition of their standard provisions that can be used when will drafting.’

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Mills & Reeve, 18th January 2024

Source: www.mills-reeve.com

UK appeal court dismisses £1.3m award over share purchase agreement wording – OUT-LAW.com

Posted November 15th, 2023 in appeals, damages, drafting, interpretation, news, shareholders by sally

‘A Court of Appeal ruling that overturned a £1.31 million damages award for breach of a share purchase agreement (SPA) demonstrates the importance of careful interpretation of SPA drafting in order to correctly notify and plead breach of warranty claims, according to one legal expert.’

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OUT-LAW.com, 14th November 2023

Source: www.pinsentmasons.com

St James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts – Practical Law: Construction Blog

Posted January 13th, 2023 in construction industry, contracts, drafting, hospitals, indemnities, news by tracey

‘The recent judgment of the TCC in St James’s Oncology SPC Ltd (Project Co) v Lendlease Construction (Europe) Ltd and another provides a fascinating commentary on the importance of drafting a building contract that is tailored to deliver the needs of the employer and the end-user.’

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Practical Law: Construction Blog , 12th January 2023

Source: constructionblog.practicallaw.com

Mohamed Moussa: The ‘Absent Word’ Canon and Asymmetrical Sovereignty – UK Constitutional Law Association

‘The UK Supreme Court (UKSC) recently issued its unanimous judgment which found the draft Scottish Independence Referendum Bill to be outside the legislative competence of the Scottish Parliament. While the facts of this case are distinctively different from previous Scottish cases, a common theme remains in the Court’s insistence on ‘ordinary meaning of words’ as its ‘general approach to the interpretation of the Scotland Act’. According to such an approach, the Court prioritises ‘the language carefully chosen by the Parliamentary drafter and enacted by Parliament’ as ‘[t]he best way of ensuring a coherent, stable and workable outcome’. The purpose of this blog post is not to explore the facts of this particular case. Rather, it focuses on the UKSC’s repeated stress of textualism. A similarity is found in the Court’s textual interpretation of Section 28(7), which was understood to affirm the doctrine of parliamentary sovereignty and served as the crux of its previous cases on devolution. The aim of the post is to show the questionable nature of the Court’s textual fidelity and highlight that it runs counter to foundational canons of interpretation. For space constraints, my argument focuses mainly on Section 21 from the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill Reference (UNCRC Incorporation Bill case) after briefly discussing section 17 of the Scottish Legal Continuity Bill.’

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UK Constitutional Law Association, 20th December 2022

Source: ukconstitutionallaw.org

Failure to comply with PD57AC — it can be costly! – Local Government Lawyer

Posted October 28th, 2022 in costs, drafting, indemnities, local government, news, practice directions, witnesses by tracey

‘Amba Griffin-Booth examines the lessons to be learned from a recent case concerning compliance with PD57AC.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk

Be certain, be specific and be clear: milestone judgment for liquidated damages – Practical Law: Construction Blog

Posted October 10th, 2022 in construction industry, contracts, damages, delay, drafting, news by tracey

‘Recent case law has shown how careful parties need to be when drafting a liquidated damages (LDs) regime. The case of Buckingham Group Contracting Ltd v Peel L&P Investments and Property Ltd provides yet another example of what can happen if there is any ambiguity in the drafting.’

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Practical Law: Construction Blog, 5th October 2022

Source: constructionblog.practicallaw.com

The importance of an appropriate Mortgagee Exclusion Clause – Local Government Lawyer

Posted September 13th, 2022 in drafting, exclusion clauses, mortgages, news by tracey

‘Claire Waring considers the use of a Mortgagee Exclusion Clause (MEC) and explains why careful drafting is key.’

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Local Government Lawyer, 12th September 2022

Source: www.localgovernmentlawyer.co.uk

Poorly drafted long residence rules lead to avoidable litigation – EIN Blog

Posted August 22nd, 2022 in appeals, drafting, immigration, news, statutory interpretation, time limits, visas by tracey

‘R (Iyieke) v Secretary of State for the Home Department [2022] EWCA Civ 1147 (11 August 2022). The Court of Appeal has held that Mr Victormills Onyekachi Iyieke, who had applied for indefinite leave to remain (“ILR”) on the ground of 10 years’ continuous lawful residence in the UK and who had a period of overstaying in 2014 “book-ended” by periods of leave was not able to rely on paragraph 276B(v) of the Immigration Rules. It is notable that current overstaying and previous overstaying between periods of leave are referred to as “open-ended” and “book-ended” overstaying. Furthermore, the Court of Appeal observed that under paragraph 276B(v) a period of overstaying between periods of leave was disregarded where the previous application was made before 24 November 2016 and within 28 days of the expiry of leave. Mr Iyieke had made an application within 28 days of the expiry of his leave in 2014—that was unsuccessful and he was later granted temporary admission on other grounds. In paragraph 276B(v), “the previous application” could not refer to any unsuccessful application made in a period of book-ended leave before 24 November 2016. The reference was to “the” previous application and not “a” previous application and “the” previous application had to have resulted in a period of leave. Mr Iyieke had a post-study work visa which expired on 9 August 2014. He applied for leave to remain on 2 September 2014, which was within 24 days of the expiry of his post-study work visa.’

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EIN Blog, 18th August 2022

Source: www.ein.org.uk

Courts send different messages to lawyers over witness statements – Legal Futures

Posted May 27th, 2022 in drafting, judges, news, practice directions, witnesses by sally

‘The strengthened rules on witness statements should not be used as a “weapon with which to fillet” essentially insignificant failures to comply, a High Court judge has said.’

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Legal Futures, 27th May 2022

Source: www.legalfutures.co.uk

The CJEU casts doubt on England’s new post-Brexit divorce jurisdiction law – Family Law

‘A recent decision of the CJEU has addressed the definition of habitual residence for divorce jurisdiction under Art 3 of BIIA. It confirms the interpretation hitherto held in England that a party can have only one habitual residence at one time. But it has also given a strong indication that habitual residence has to be continuous for the requisite period before the date of issuing of proceedings and not just on the date of issue. This has been a controversy in English case law over many years, with the majority of professional opinion allegedly being that habitual residence was only necessary on the date of issue and merely residence for the requisite preceding period. The Ministry of Justice relied on this interpretation in drafting England’s new post Brexit divorce jurisdictional law, on the basis of following EU law. Now, seemingly, that is not so. What will now be the position in England dealing with cases involving EU Member States? In any event what is the position with transitional cases?’

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Family Law, 12th May 2022

Source: www.familylaw.co.uk

New English court witness statement rules have positive early effect – OUT-LAW.com

Posted February 8th, 2022 in drafting, evidence, news, practice directions, witnesses by sally

‘Last year, important new rules were introduced governing how witness statements are drafted and used in the Business and Property Courts (BPC) of England and Wales.’

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OUT-LAW.com, 7th February 2022

Source: www.pinsentmasons.com

Option agreements: court’s role not to ‘rewrite bad bargain’, says English judge – OUT-LAW.com

Posted January 24th, 2022 in construction industry, contracts, drafting, news, planning by tracey

‘It is not the role of the courts to “re-write a bad bargain” between commercial parties, an English judge has said, in a dispute over the wording of an option agreement.’

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OUT-LAW.com, 21st January 2022

Source: www.pinsentmasons.com

Company Law: How do the courts interpret the articles of association? – Bloomsbury Professional Law Online Blog

Posted December 1st, 2021 in company law, contracts, drafting, interpretation, limitations, news by sally

‘A common problem with the articles of association is the addition of poorly drafted precedents with unambiguous terms. The court is often asked to make judgments on such provisions and to interpret the true meaning of the words used. To instigate the process of establishing the intention of the parties, it is important to consider firstly the articles in terms of their contractual obligations.’

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Bloomsbury Professional Law Online Blog, 22nd November 2021

Source: law.bloomsburyprofessional.com

Remote Hearings and the Future of the Financial Remedy Court: What We Learned from the Farquhar Report – Parts 1 and 2 – Parklane Plowden

Posted November 2nd, 2021 in case management, drafting, family courts, news, remote hearings, reports by sally

‘The Farquhar report, authored by His Honour Judge Stuart Farquhar, was commissioned by Mostyn J (the National Lead of the Financial Remedies Court) to consider the future of the FRC and the role that remote hearings should play.’

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Parklane Plowden Chambers, 1st November 2021

Source: www.parklaneplowden.co.uk