‘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
‘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.’
Litigation Futures, 20th June 2018
Source: www.litigationfutures.com
‘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.’
Family Law, 7th June 2018
Source: www.familylaw.co.uk
‘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.’
OUT-LAW.com, 5th June 2018
Source: www.out-law.com
‘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.’
Daily Telegraph, 9th April 2018
Source: www.telegraph.co.uk
‘It is not the court’s role to redraft pleadings in the hope of producing an “intelligible defence”, the High Court has said.’
Litigation Futures, 29th March 2018
Source: www.litigationfutures.com
‘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?’
Constitutional Law Association, 28th February 2018
Source: ukconstitutionallaw.org
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