AI app that replaces lawyers “could be used in divorce cases” – Legal Futures

‘The technology behind an artificial intelligence (AI) app developed to help businesspeople draft confidentiality agreements will be extended to other commercial and consumer products such as wills, and may in time be suitable for family law cases, according to its creator.’

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Legal Futures, 22nd November 2016

Source: www.legalfutures.co.uk

What has the European Court of Human Rights done for us? – The Independent

‘Campaigners and politicians have criticised Home Secretary Theresa May’s assertion that Britain should leave the European Court of Human Rights (ECHR).’

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The Independent, 25th April 2016

Source: www.independent.co.uk

The impact of new consumer regulations – Hardwicke Chambers

Posted April 13th, 2016 in consumer protection, contracts, drafting, EC law, landlord & tenant, leases, news by sally

‘On 1 October 2015 the Consumer Rights Act 2015 (“CRA”) came into force. CRA superseded the Unfair Terms in Consumer Contracts Regulations 1999 (“UTCCR”). The CRA aims to modernise, simplify and consolidate key parts of consumer law; it is the cornerstone of an extensive consumer law reform programme. Anyone acting in a landlord and tenant dispute or drafting tenancy or lease agreement needs to be familiar with its provisions’

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Hardwicke Chambers, 11th March 2016

Source: www.hardwicke.co.uk

On Flooding and Abstraction – Falcon Chambers

Posted February 23rd, 2016 in drafting, interpretation, news, water by sally

‘It is reassuring to know that someone, somewhere, has taken the time and effort to apply precision and ingenuity of parliamentary draftsmanship in order to define, at least for the purposes of the FWMA 2010 if no other, what is meant by a flood (and what is not).’

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Falcon Chambers, 26th January 2016

Source: www.falcon-chambers.com

Organisations should learn lessons on outsourcing from BT Cornwall case, says expert – OUT-LAW.com

‘Both customers and suppliers can learn lessons on outsourcing from a recent dispute ruled on by the High Court in London.’

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OUT-LAW.com, 7th January 2016

Source: www.out-law.com

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

‘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

‘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

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

‘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

‘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