Warning over fall-out from witness statement crackdown – Litigation Futures

‘A judicial crackdown on overlong witness statements puts lawyers at risk of wasted costs orders and professional negligence claims, a barrister has warned.’

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Litigation Futures, 9th April 2020

Source: www.litigationfutures.com

Witness Statements: Overlong and Over-lawyered? – Hailsham Chambers

Posted April 1st, 2020 in chambers articles, drafting, evidence, news, witnesses by sally

‘As many legal commentators including the author have noted recently: long, complex and detailed statements served particularly on behalf of lay witnesses, but written by their legal teams, can be more of a hindrance than of assistance. Straightforward cross-examinations of such witnesses will frequently prove effective in at the very least exciting the suspicion of a court as to the reliability of such lay evidence, or worse, in some cases causing questions to be asked as to their credibility when the inevitable rhetorical question is asked in closing as to whether such a person ever really could have had a reasonable belief in the veracity of what the statement contained.’

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Hailsham Chambers, 27th March 2020

Source: www.hailshamchambers.com

The quickly mutating Coronavirus legislation – drafting anomalies and police powers – UK Police Law Blog

‘The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 at reg 6(1) create a prohibition against leaving one’s home without reasonable excuse rather than being outside one’s home without reasonable excuse. Not only is that narrower than many people had thought, it shapes the powers of a police constable to direct or remove people to their home, which depends upon the constable considering that they have breached reg 6(1). Furthermore, in criminal proceedings for a breach, it may be that the burden of establishing of the defence of reasonable excuse is on a defendant in Scotland but on the prosecution in the other three home nations.’

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UK Police Law Blog, 31st March 2020

Source: ukpolicelawblog.com

Draft in haste… Coronavirus restrictions and homelessness – Nearly Legal

‘Here are emergency regulations, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, made today. These, amongst many other things, deal with what commercial premises may open, or must be closed, and – to the point here – restrictions on individual movement.’

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Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

Coronavirus – new forms 3 and 6A for s8 and s21 – Nearly Legal

‘Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc).’

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Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

High Court judicial approval for joint drafting of family court consent orders – Family Law

Posted January 23rd, 2020 in consent orders, drafting, electronic filing, family courts, news by tracey

‘The green light has now been given to lawyers and others to act for both parties in drafting consensual family court documents. In a judgment on 20 January 2020, Mr Justice Mostyn has given a Declaration that there is no conflict-of-interest for a leading online service to act for both parties in the drafting of a financial consent order under the terms of its business model. He has further held that doing so is neither a reserved legal activity nor a reserved instrument activity and therefore not a breach of the Legal Services Act.’

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Family Law, 22nd January 2020

Source: www.familylaw.co.uk

High Court rejects judges’ complaints about online divorce service – Legal Futures

Posted January 21st, 2020 in conflict of interest, divorce, drafting, electronic filing, news by sally

‘A senior High Court judge has granted declarations making it clear that an online service has not broken conflict of interest rules or the Legal Services Act by helping divorcing couples draft their own documents and not use lawyers.’

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Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Reforms to English civil court witness statements to proceed – OUT-LAW.com

Posted December 12th, 2019 in drafting, evidence, news, witnesses by tracey

‘”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.’

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OUT-LAW.com, 12th December 2019

Source: www.pinsentmasons.com

No oral modification clauses after Rock Advertising: Some property law difficulties – Wilberforce Chambers

Posted December 10th, 2019 in contracts, drafting, estoppel, news by sally

‘“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.’

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Wilberforce Chambers, 5th December 2019

Source: www.wilberforce.co.uk

Tribunal rejects SRA’s disciplinary “ambush”- Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has rejected four allegations of multiple rule breaches against a solicitor because they were so badly drafted.’

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Legal Futures, 28th November 2019

Source: www.legalfutures.co.uk

New law “to put more pressure” on solicitors’ NDA advice – Legal Futures

‘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.’

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Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

Push for tougher line on witness statements – Law Society’s Gazette

Posted October 18th, 2019 in drafting, evidence, news, reports, witnesses by tracey

‘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.’

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Law Society's Gazette, 18th October 2019

Source: www.lawgazette.co.uk

Cut-off between budgeted and incurred costs to be clarified – Litigation Futures

Posted September 19th, 2019 in budgets, civil procedure rules, costs, drafting, news, practice directions by tracey

‘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.’

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Litigation Futures, 19th September 2019

Source: www.litigationfutures.com

Court of Appeal: Draft judgments not an “invitation to treat” – Litigaiton Futures

Posted June 4th, 2019 in appeals, drafting, interpretation, judges, judgments, news by sally

‘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.’

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Litigation Futures, 4th June 2019

Source: www.litigationfutures.com

Criminal lawyer was “duped by fraudster” over football club deal – Legal Futures

‘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).’

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Legal Futures, 4th June 2019

Source: www.legalfutures.co.uk

Gateley found negligent over redevelopment agreement – Legal Futures

Posted May 29th, 2019 in drafting, negligence, news, solicitors by tracey

‘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.’

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Legal Futures, 29th May 2019

Source: www.legalfutures.co.uk

Challenge to delegation of costs lawyer’s work fails – Litigation Futures

Posted May 13th, 2019 in costs, drafting, legal profession, legal services, news, solicitors by sally

‘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”.’

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Litigation Futures, 13th May 2019

Source: www.litigationfutures.com

Re-baselining construction projects: drawing a line in the sand – Practical Law: Construction Blog

Posted May 2nd, 2019 in construction industry, contracts, damages, delay, drafting, fees, news by tracey

‘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.’

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Practical Law: Construction Blog, 1st May 2019

Source: constructionblog.practicallaw.com

Negligence claim over football club chairman’s divorce to proceed – Legal Futures

Posted April 5th, 2019 in divorce, drafting, law firms, negligence, news, substitution by tracey

‘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.’

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Legal Futures, 5th April 2019

Source: www.legalfutures.co.uk

Solicitors must think about “impression created” by NDAs – Legal Futures

‘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.’

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Legal Futures, 1st April 2019

Source: www.legalfutures.co.uk