Faraday Development Ltd v West Berkshire Council: Court of Appeal gives important guidance on development agreements and options, and declares contract ineffective – 11 KBW

Posted December 11th, 2018 in appeals, competition, drafting, local government, news, public procurement by sally

‘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).’

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11 KBW, 15th November 2018

Source: www.11kbw.com

Improvement clauses needing improvement – Nearly Legal

Posted November 23rd, 2018 in appeals, drafting, housing, injunctions, landlord & tenant, news, repairs by sally

‘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.’

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Nearly Legal, 22nd November 2018

Source: nearlylegal.co.uk

Family lawyers told to draft court orders on the day – Law Society’s Gazette

Posted November 21st, 2018 in delay, drafting, family courts, news by tracey

‘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.’

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Law Society's Gazette, 20th November 2018

Source: www.lawgazette.co.uk

Expert who sent first draft of evidence to solicitors “not a hired gun” – Litigation Futures

Posted August 17th, 2018 in drafting, evidence, expert witnesses, news, solicitors by sally

‘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.’

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Litigation Futures, 16th August 2018

Source: www.litigationfutures.com

Vexatious ex-solicitor “said first thing that came into her head” – Legal Futures

Posted August 10th, 2018 in drafting, news, solicitors, vexatious litigants, wills, witnesses by sally

‘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.’

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Legal Futures, 9th August 2018

Source: www.legalfutures.co.uk

What are you implying? The role of implied terms in contract interpretation – Practical Law: Construction Blog

Posted August 2nd, 2018 in construction industry, contracts, drafting, interpretation, news by tracey

‘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.’

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Practical Law: Construction Blog, 1st August 2018

Source: constructionblog.practicallaw.com

Enforcement and the powers of the family court: VS v RE [2018] EWFC 30 – Family Law Week

‘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.’

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Family Law Week, 4th July 2018

Source: www.familylawweek.co.uk

“Poorly drafted” CFA that named wrong defendant still valid, Court of Appeal rules – Litigation Futures

Posted June 20th, 2018 in contracts, drafting, fees, interpretation, news by sally

‘A conditional fee agreement (CFA) that named the wrong defendant was still valid when read in the wider context of the claim, the Court of Appeal has ruled.’

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Litigation Futures, 20th June 2018

Source: www.litigationfutures.com

Practice Guidance: Standard children and other orders – Family Law

Posted June 8th, 2018 in children, drafting, electronic filing, family courts, news by sally

‘On 30 November 2017 I issued ‘Practice Guidance: Standard financial and enforcement orders’ [2018] Fam Law 89 [1]. These orders, which are available in both hard and soft formats, as well as being generatable by commercial software, have been very well received. Indeed, I have learned that they are being considered for adoption, in suitably modified form, in Hong Kong. I have no doubt that those orders are achieving the objective I identified, namely to promote national consistency, and to avoid for the future, so far as possible, ambiguities in the meaning of the wording of an order.’

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Family Law, 7th June 2018

Source: www.familylaw.co.uk

Court uses correspondence to clarify settlement wording – OUT-LAW.com

Posted June 6th, 2018 in drafting, insolvency, liquidators, news by tracey

‘Companies and lawyers must be clear and unambiguous when drafting settlement agreements, a court ruling has reminded them. A liquidator had to drop some claims after a court used correspondence to clarify exactly what was meant by the phrase “whole of the claim” in a compromise agreement. The ruling does not affect the liquidator’s claim against another person because she was not mentioned in the correspondence.’

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OUT-LAW.com, 5th June 2018

Source: www.out-law.com

Police error meant ‘speeding’ motorists paid fines but never exceeded the limit – Daily Telegraph

Posted April 10th, 2018 in drafting, fines, mistake, news, police, regulations, road traffic, speed cameras by tracey

‘A police force has admitted it has wrongly fined ‘speeding’ motorists after a clerical error meant the speed limit was never officially lowered. Avon and Somerset Police face having to cancel hundreds of tickets after a motorist successfully overturned his fine.’

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Daily Telegraph, 9th April 2018

Source: www.telegraph.co.uk

Not for the court to redraft pleadings, High Court says as it strikes out defence – Litigation Futures

Posted April 3rd, 2018 in documents, drafting, news, pleadings, striking out by sally

‘It is not the court’s role to redraft pleadings in the hope of producing an “intelligible defence”, the High Court has said.’

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Litigation Futures, 29th March 2018

Source: www.litigationfutures.com

Sir Stephen Laws: Giving “Deemed” Domestic Law Status to Retained EU Law – Constitutional Law Association

Posted March 1st, 2018 in bills, drafting, EC law, legislation, news, regulations, treaties by sally

‘In his latest blog on the European Union (Withdrawal) Bill, Paul Craig criticises the recommendation of the House of Lords Constitution Committee (“HLCC”), at paras 70 and 93, that all retained direct EU law (defined by the HLCC to encompass all the law continued under clauses 3 and 4 of the Withdrawal Bill) should be given the status of domestic primary legislation passed immediately before exit day. He suggests, instead, a hierarchy in which some law continued in force under clause 3 should be “deemed to be a statutory instrument”. This formulation is intended, it seems, to do more than its usual job (which is confined to attracting the provisions of the Statutory Instruments 1946, which are largely irrelevant for present purposes). It appears to be intended, instead, to give the law in question the status of subordinate legislation made under legislative powers delegated to the executive. But what practical effects is it designed to produce?’

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Constitutional Law Association, 28th February 2018

Source: ukconstitutionallaw.org

It’s all a matter of Interpretation – Hardwicke Chambers

Posted November 23rd, 2017 in construction industry, contracts, drafting, interpretation, news by sally

‘It is often the case that, when parties negotiate the parties’ rights to terminate a contract on particular terms, one party will often wish to have an opportunity to rectify any potential termination default that they have committed, whereas the other will wish to retain the discretion to determine when a contract will come to an end in the event of a termination event. The issue in the case was essentially about contractual interpretation, and a conflict within a termination clause which meant either the main contractor was entitled to serve a termination notice immediately on its subcontractor, or that there was a requirement that the main contractor provide an opportunity to the subcontractor to remedy the default before serving a termination notice.’

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Hardwicke Chambers, 16th November 2017

Source: www.hardwicke.co.uk

Brexit faces potential court challenge over ‘technical flaw’ in way Article 50 was triggered – The Independent

Posted July 6th, 2017 in brexit, drafting, EC law, legislation, news, treaties, Wales by sally

‘There could be a “technical flaw” in the way Article 50 was triggered which could make it vulnerable to a challenge in court, the National Assembly for Wales has been told.’

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The Independent, 5th July 2017

Source: www.independent.co.uk

Judge warns of costs sanctions for parties that drowned him in skeletons and bundles – Litigation Futures

Posted June 14th, 2017 in costs, drafting, injunctions, news, sanctions by tracey

‘A High Court judge has described as “absurd” the conduct of parties in an employment dispute that produced thousands of pages in bundles – but only referred to 100 of them – and skeleton arguments more than seven times the expected length.’

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Litigation Futures, 14th June 2017

Source: www.litigationfutures.com

K M Hayne: The ‘Great Repeal Bill’ – UK Constitutional Law Association

‘In the White Paper published in February this year (“The United Kingdom’s exit from and new partnership with the European Union” Cm 9417), the very first point made was that the “Great Repeal Bill” will “remove the European Communities Act 1972 from the statute book and convert the ‘acquis’ – the body of existing EU law – into domestic law”. It was said that “[t]his means that, wherever practical and appropriate, the same rules and laws will apply on the day after [the United Kingdom] leave[s] the EU as they did before”.’

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UK Constitutional Law Association, 12th April 2017

Source: www.ukconstitutionallaw.org

Supreme Court clarifies distinction between ‘advice’ and ‘information’ negligence cases – OUT-LAW.com

Posted March 29th, 2017 in drafting, law firms, loans, mistake, negligence, news, Supreme Court by sally

‘A law firm that made a mistake when drafting a loan letter on its client’s instructions, and failing to draw critical information to his attention, was not liable to that client when the loan failed. The client would have made a loss on the loan in any event due to his commercial misjudgments, the UK’s highest court has ruled.

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OUT-LAW.com, 29th March 2017

Source: www.out-law.com

Brian Christopher Jones: The Government’s Quandary: “Great”, or Ordinary, Repeal – UK Constitutional Law Association

Posted March 28th, 2017 in bills, constitutional reform, drafting, EC law, legislation, news, repeals, treaties by sally

‘The government would certainly prefer a “great” repeal, but they would be wise to make it an ordinary one. Four years ago I published an analysis piece in Public Law (April 2013) about the need to prevent political language in legislation, and especially in relation to statutory titles. In short, I could find little guidance in a host of official Parliamentary and drafting documents that would curtail overtly political statutory language, and especially in the presentational aspects of bills and statutes, such as short titles. When it came down to it, if a minister desired a particular title for their Bill, they could strong-arm drafters into getting their way—although, there could be pushback from House Authorities, such as the Speaker. The most recent version of Erskine May (2011) notes that short titles must “describe the bill in a straightforwardly factual manner. An argumentative title or slogan is not permitted” (p 526). In reality, however, ministers “may for presentational reasons have strong views about the short title and the structure of the bill”, and attempt to assert their authority (Cabinet Office Guide to Making Legislation, 9.71). Indeed, it is this unique convergence of law and policy that makes the process of drafting so interesting.’

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UK Constitutional Law Association, 28th March 2017

Source: www.ukconstitutionallaw.org

Supreme Court hold law firm not liable for client’s commercial misjudgement – Legal Futures

Posted March 24th, 2017 in drafting, loans, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court has upheld a ruling that a law firm which had been negligent in drawing up a loan facility agreement was not legally responsible for their client’s decision to actually make the loan.’

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Legal Futures, 23rd March 2017

Source: www.legalfutures.co.uk