Category: drafting

Wellesley v Withers: A significant change in the analysis of remoteness of damage – Hardwicke Chambers

Posted December 9th, 2015 in causation, contracts, drafting, limited liability partnerships, negligence, news by sally

‘In Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 the Court of Appeal made an important change to the law of causation. From now onwards, the contractual approach causation shall apply instead of the tortious principles of remoteness in cases of concurrent liability. The effect of this case will be to materially change causation analyses in professional negligence matters, albeit the conclusion (as demonstrated in the Wellesley case itself) through the two analytical frameworks may well be identical.’

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Hardwicke Chambers, 2nd December 2015

Source: www.hardwicke.co.uk

Separate Representation, Conflicts and Costs: A Practical View from the Bar – Littleton Chambers

Posted December 9th, 2015 in costs, drafting, legal representation, negligence, news by sally

‘In his monthly column, James Bickford Smith discusses the decision in Ong and others v Ping [2015] EWHC 3258 (Ch) and the apparent revival of the “rule” in Lewis v Daily Telegraph Ltd (No 2) [1964] 2 QB 601.’
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Littleton Chambers, 4th December 2015

Source: www.littletonchambers.co.uk

A return to orthodoxy in matters of contractual interpretation – New Square Chambers

Posted December 9th, 2015 in contracts, drafting, interpretation, news by sally

‘In its decision in Arnold v Britton [2015] 2 WLR 1593 the Supreme Court has restored the supremacy of the traditional approach to the construction of commercial contracts.’

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New Square Chambers, 1st December 2015

Source: www.newsquarechambers.co.uk

CA adds extra negligence finding and £375k damages on top of High Court’s £1.6m Withers ruling – Legal Futures

Posted November 13th, 2015 in damages, drafting, law firms, limited liability partnerships, negligence, news by tracey

‘The Court of Appeal has made an additional finding of negligence against leading London law firm Withers over its drafting of an LLP agreement and increased the £1.6m in damages awarded in the High Court by a further £375,000.’

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Legal Futures, 12th November 2015

Source: www.legalfutures.co.uk

Audit clauses – Radiohead caught between a rock and a hard place – Technology Law Update

Posted October 19th, 2015 in accounts, contracts, drafting, news, performing arts by sally

‘A recent unreported decision over a royalties and audit clause shows that the court’s interpretation will not necessarily harmonise with what the contract draftsman intended.’

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Technology Law Update, 16th October 2015

Source: www.technology-law-blog.co.uk

High Court: Tribunal right to disbar barrister who drafted false grounds of appeal – Legal Futures

Posted May 20th, 2015 in barristers, drafting, news, professional conduct, tribunals by sally

‘The High Court has upheld the disbarment of a barrister accused of drafting false grounds of appeal for a client found guilty on drugs charges.’
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Legal Futures, 19th May 2015

Source: www.legalfutures.co.uk

How broad is your settlement? – New Law Journal

Posted April 30th, 2015 in agreements, drafting, news by sally

‘Don’t settle for less, says Adam Short.’

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New Law Journal, 24th April 2015

Source: www.newlawjournal.co.uk

Court of Appeal urges lawyers to get “back to basics” on pleadings – Litigation Futures

Posted December 12th, 2014 in case management, drafting, news, pleadings by sally

‘It is time for pleadings to get “back to basics”, the Court of Appeal said yesterday after suggesting that “practitioners have, on occasion, lost sight” that their aim is to help the court and the parties.’

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Litigation Futures, 12th December 2014

Source: www.litigationfutures.com

Consult judges on devolution, says lord chief justice – Law Society’s Gazette

Posted December 4th, 2014 in bills, devolution, drafting, judges, judiciary, news by sally

‘The lord chief justice has called for judicial engagement in the drafting of new devolution bills that will be brought forward by the next parliament.’

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Law Society’s Gazette, 3rd December 2014

Source: www.lawgazette.co.uk

The costs of rectification – Law Society’s Gazette

Posted October 6th, 2014 in appeals, costs, drafting, intestacy, negligence, news, rectification, solicitors, Supreme Court, wills by sally

‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’

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Law Society’s Gazette, 6th October 2014

Source: www.lawgazette.co.uk

Law Society Sharia wills guidance “cannot change the law”, justice minister says – Legal Futures

Posted July 28th, 2014 in drafting, equality, islamic law, Law Society, news, practice directions, rule of law, wills by sally

‘The government has refused to be drawn into the row over controversial advice from the Law Society on Sharia-compliant wills, but insisted that it “does not, and cannot, change the law”.’

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Legal Futures, 28th July 2014

Source: www.legalfutures.co.uk

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) – WLR Daily

Posted June 24th, 2014 in budgets, case management, civil procedure rules, costs, drafting, law reports, legal representation by sally

Americhem Europe Ltd v Rakem Ltd (George Walker Transport Ltd, Part 20 defendant) [2014] EWHC 1881 (TCC); [2014] WLR (D) 270

‘A costs draftsman whose only involvement in a case consisted of preparing a costs budget and who did not give any form of legal advice or legally based representation was not a “senior legal representative” for the purposes of paragraph 6 of Practice Direction 3E on Costs Management.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

High Court ruling shows the importance of a properly drafted dispute resolution clause, says expert – OUT-LAW.com

Posted June 23rd, 2014 in arbitration, contracts, dispute resolution, drafting, interpretation, jurisdiction, news by sally

‘A clause which said that parties to a contract would “endeavour” to resolve any dispute through Swiss arbitration, failing which the English courts would have non-exclusive jurisdiction, was not a valid arbitration agreement within the meaning of the Arbitration Act, the English High Court has ruled.’

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OUT-LAW.com, 20th June 2014

Source: www.out-law.com

Precedent H “irregularity” does not render it a nullity, High Court rules – Litigation Futures

Posted June 16th, 2014 in budgets, civil procedure rules, costs, drafting, legal representation, news, precedent, proportionality by sally

‘It would be disproportionate and unjust to strike down a Precedent H budget that was signed by a firm’s in-house costs draftsman, rather than by a “senior legal representative”, the High Court has ruled.’

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Litigation Futures, 16th June 2014

Source: www.litigationfutures.com

Nuptial Agreements: Limiting the Family Lawyer’s Exposure to Negligence Claims – Family Law Week

Posted May 28th, 2014 in barristers, drafting, negligence, news, prenuptial agreements, solicitors by sally

‘The authors consider whether family lawyers are assuming unlimited liability when advising upon or drafting nuptial agreements and look at the practicalities of limiting that liability.’

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Family Law Week, 21st May 2014

Source: www.familylawweek.co.uk

Withers ordered to pay out £1.6m over negligence claim – Legal Futures

Posted March 13th, 2014 in damages, drafting, law firms, negligence, news, solicitors by tracey

‘Leading London law firm Withers has been ordered to pay £1.6m in damages after the High Court upheld a claim of professional negligence over the drafting of an LLP agreement.’

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Legal Futures, 13th March 2014

Source: www.legalfutures.co.uk

Barrister who intentionally misled client over appeal to be disbarred – Bar Standards Board

Posted February 7th, 2014 in appeals, barristers, disciplinary procedures, drafting, news, professional conduct by tracey

‘A public disciplinary tribunal has this week ordered the disbarment of a barrister for intentionally misleading his client by drafting false grounds of appeal – despite knowing there were none.’

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Bar Standards Board, 5th February 2014

Source: www.barstandardsboard.org.uk

Newcastle International Airport Ltd v Eversheds LLP – WLR Daily

Posted December 2nd, 2013 in contracts, drafting, duty of care, law reports, negligence, solicitors by sally

Newcastle International Airport Ltd v Eversheds LLP [2013] EWCA Civ 1514; [2013] WLR (D) 462

‘Where solicitors were retained by a company to draft new contracts between the company and its executive directors the solicitors breached their duty of care to the company by simply carrying out instructions given by the directors on behalf of the company.’

WLR Daily, 28th November 2013

Source: www.iclr.co.uk

When Laws Become Too Complex: ill-timed and badly thought out – Halsbury’s Law Exchange

Posted June 25th, 2013 in drafting, legislation, news, reports by sally

“As the dust from the Civil Justice reforms begins to settle, it appears that Parliamentary counsel have slipped another consultation through in the background. Published in March this year, it appears innocuous enough, but on further consideration raises a number of significant concerns. I also question why this report was even necessary. Parliamentary austerity and wholesale changes to the legal profession should have lent caution to the writers of the report, given that this can be construed as a real attack upon the legal profession. Ill-timed and badly thought out, the principle will be applauded by businesses that will look at the superficial benefits but not appreciate the issues, and is therefore convenient politically.”

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Halsbury’s Law Exchange, 25th June 2013

Source: www.halsburyslawexhange.co.uk

Will-writers face jail as new code of practice scheme goes live – Legal Futures

Posted June 18th, 2013 in codes of practice, consumer protection, drafting, news, wills by sally

“Members of the Institute of Professional Willwriters (IPW) who fail to comply with its code of practice face fines or even imprisonment, as a new UK-wide scheme to strengthen self-regulation by setting standards for such codes goes live.”

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Legal Futures, 18th June 2013

Source: www.legalfutures.co.uk