‘”Modest” proposals to standardise witness statements and improve compliance with the rules have been endorsed in principle by the Business and Property Courts (BPC); the specialist courts of the High Court of England and Wales.’
OUT-LAW.com, 12th December 2019
Source: www.pinsentmasons.com
‘“No Oral Modification” clauses (“NOMs”) are regularly found in the boilerplate clauses towards the back of contracts. They are designed, and included, to try to impose some formality on future changes to the contractual arrangement between the parties. But does this work, and, if so, how? The conceptual difficulty with such clauses has been around for centuries.’
Wilberforce Chambers, 5th December 2019
Source: www.wilberforce.co.uk
‘The Solicitors Disciplinary Tribunal (SDT) has rejected four allegations of multiple rule breaches against a solicitor because they were so badly drafted.’
Legal Futures, 28th November 2019
Source: www.legalfutures.co.uk
‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’
Legal Futures, 30th October 2019
Source: www.legalfutures.co.uk
‘Initial proposals for the reform of witness statements are due to be considered by the senior judiciary in November, a High Court judge said this week. Mr Justice Baker, a member of the Witness Evidence Working Group, told delegates at the Law Society’s Commercial Litigation Conference on Tuesday that the group has now completed its report, which is due to be considered by judges at a “higher pay grade” next month.’
Law Society's Gazette, 18th October 2019
Source: www.lawgazette.co.uk
‘A change to the CPR coming into force on 1 October should provide clearer guidance on the cut-off between budgeted and incurred costs, it has been argued.’
Litigation Futures, 19th September 2019
Source: www.litigationfutures.com
‘Receiving a judge’s draft judgment is not an “invitation to treat”, nor is it an opportunity to critique the ruling, enter into negotiations or reargue the case, the Court of Appeal has made clear.’
Litigation Futures, 4th June 2019
Source: www.litigationfutures.com
‘A criminal law solicitor who “appeared to have been duped by a convicted fraudster” has been fined £5,000 by the Solicitors Disciplinary Tribunal (SDT).’
Legal Futures, 4th June 2019
Source: www.legalfutures.co.uk
‘The High Court has found national law firm Gateley negligent in its advice to the owner of land in Nottingham that led to him missing out on some of the profits from its redevelopment.’
Legal Futures, 29th May 2019
Source: www.legalfutures.co.uk
‘A challenge to a costs lawyer’s delegation of work to unqualified colleagues has failed, with a judge saying that to rule otherwise would make their work for members of the public “impossible”.’
Litigation Futures, 13th May 2019
Source: www.litigationfutures.com
‘As construction disputes lawyers, we see our fair share of settlement agreements. And not just the traditional full and final settlements, but also one page final account settlements, and “line in the sand” agreements in which the parties seek to renegotiate elements of the contract while it is in progress. These “line in the sand” agreements seem to feature disproportionately in court judgments, and in this blog I will look at the reasons why this might be the case.’
Practical Law: Construction Blog, 1st May 2019
‘A judge was wrong to stop a case against a law firm that had incorporated since potentially negligent advice was given when the wrong entity was named in the claim, the High Court has ruled.’
Legal Futures, 5th April 2019
Source: www.legalfutures.co.uk
‘Solicitors must think beyond the drafting of non-disclosure agreements (NDAs) and confidentiality agreements to the “impression created” by them, a panel of experts has warned.’
Legal Futures, 1st April 2019
Source: www.legalfutures.co.uk
‘The Court of Appeal has given judgment in Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532 . The main judgment was given by Lindblom LJ. The claimant’s appeal against the first instance judgment of Holgate J was allowed, and the Court made the first declaration of ineffectiveness seen in an English public procurement case since the remedy was introduced in 2009 (there has previously been one such declaration in Scotland).’
11 KBW, 15th November 2018
Source: www.11kbw.com
‘An object lesson in the need for clarity in tenancy agreements. This was an appeal from a first instance decision of HHJ Luba QC. Mr H was Network’s assured tenant of a flat in a block used for a sheltered housing scheme. Following a fire safety inspection, Network proposed to replace all the flat entrance doors. Mr H would not give access to Network to do so unless certain conditions were met. No agreement was reached and Network applied for an injunction for access.’
Nearly Legal, 22nd November 2018
Source: nearlylegal.co.uk
‘Family lawyers will be expected to come to court with their laptops and draft orders on the day as part of a policy drafted to reduce delays caused by growing workloads and dwindling staff resources. The court orders policy came into force at London’s Central Family Court last week.’
Law Society's Gazette, 20th November 2018
Source: www.lawgazette.co.uk
‘It was “a serious transgression” for an expert witness to make changes to his evidence after sending a first draft to his client’s solicitors, the High Court has ruled.’
Litigation Futures, 16th August 2018
Source: www.litigationfutures.com
‘A struck-off solicitor called to give evidence over a will she drafted often said “the first thing that came into her without reflecting on whether it was correct”, the High Court has found.’
Legal Futures, 9th August 2018
Source: www.legalfutures.co.uk
‘Recent cases, including the Court of Appeal’s judgment in Bou-Simon v BGC Brokers LP and the (as yet unreported) case of Harrow LBC v Engie Regeneration (Apollo) Ltd (2018) (TCC), provide a useful reminder of the strict constraints on implying terms into a commercial contract.’
Practical Law: Construction Blog, 1st August 2018
‘Michael Horton, barrister at Coram Chambers explains the jurisdiction of the family court in relation to enforcement proceedings and highlights considerations which impact on the drafting of recitals to consent orders.’
Family Law Week, 4th July 2018
Source: www.familylawweek.co.uk
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