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.’

Full story

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.’

Full story

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.”

Full story

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.”

Full story

Legal Futures, 18th June 2013

Source: www.legalfutures.co.uk

Cybercrime needs to be better defined in order to protect privacy rights, says watchdog – OUT-LAW.com

Posted June 18th, 2013 in computer crime, data protection, drafting, EC law, news, privacy by sally

“The European Commission should more clearly define what is meant by ‘cybercrime’ in order to prevent personal data from being processed in cases where it cannot be legally justified, an EU privacy watchdog has said.”

Full story

OUT-LAW.com, 17th June 2013

Source: www.out-law.com

Does the law need to be rectified? Chartbrook revisited – The Chancery Bar Association

Posted June 13th, 2013 in contracts, drafting, interpretation, news, speeches by sally

Does the law need to be rectified? Chartbrook revisited (PDF)

The Chancery Bar Association, Annual Lecture 2013

Source: www.chba.org.uk

Government says ‘no’ to will-writing regulation – Legal Futures

Posted May 15th, 2013 in consumer protection, drafting, legal services, news, regulations, wills by sally

“The government has today rejected the Legal Services Board’s (LSB) recommendation that will-writing become a reserved legal activity.”

Full story

Legal Futures, 14th May 2013

Source: www.legalfutures.co.uk

Appeals in the Court of Appeal Criminal Division: details of sentence – The Bar Council

Posted March 23rd, 2012 in appeals, drafting, press releases, sentencing by tracey

“The Court of Appeal (Criminal Division) will in future strongly recommend any legal representative drafting grounds of appeal against sentence to incorporate within those grounds a pro forma table setting out the details of the sentence passed.”

Full press release

The Bar Council, 21st March 2012

Source: www.barcouncil.org.uk

Contract can exist through actions and not words, High Court rules – OUT-LAW.com

Posted May 23rd, 2011 in charterparties, contracts, drafting, mistake, news by sally

“The actions of two companies can lead to a binding contract being formed even if there is a mistake in the terms of the contract itself, the High Court has ruled.”

Full story

OUT-LAW.com, 23rd May 2011

Source: www.out-law.com

Beware of cut-price offers when you come to making your will – The Guardian

Posted April 18th, 2011 in consumer protection, drafting, fees, news, wills by sally

“We are told that writing a will is vital to secure the future of our loved ones. But many who set out with all the best of intentions, find that what should be a simple act is frustrated by ‘glaring errors’, pressure-selling, and over-inflated fees, according to the Law Society.”

Full story

The Guardian, 17th April 2011

Source: www.guardian.co.uk

Open Justice Unbound? – Speech by Lord Neuberger of Abbotsbury

Posted March 17th, 2011 in drafting, human rights, injunctions, judgments, media, private hearings, speeches by sally

Open Justice Unbound? (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Judicial Studies Board Annual Lecture, 16th March 2011

Source: www.judiciary.gov.uk

Regina v Grout – WLR Daily

Posted March 4th, 2011 in children, drafting, indictments, law reports, sexual offences by sally
“Care had to be taken when drafting a count in an indictment alleging an offence contrary to section 8(1) of the Sexual Offences Act 2003 because that section created at least two separate offences: (i) causing a child under 13 to engage in sexual activity and (ii) inciting a child under 13 to engage in a sexual activity.”
WLR Daily, 3rd March 2011
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bar Council Chair to Call for Considered Approach to Lawmaking – The Bar Council

Posted September 24th, 2010 in barristers, consultations, drafting, legislation, press releases by sally

“Nicholas Green QC, the Chairman of the Bar Council, which represents barristers in England and Wales, will call on the Government to take a more considered approach to lawmaking.”

Full press release

The Bar Council, 19th September 2010

Source: www.barcouncil.org.uk

MoJ admits drafting error in fee-capping regulations – Law Society’s Gazette

“Acquitted defendants can claim the full cost of private legal fees, after the Ministry of Justice admitted there is a drafting error in the regulations intended to implement its controversial policy to cap awards.”

Full story

Law Society’s Gazette, 3rd June 2010

Source: www.lawgazette.co.uk

Neuberger calls for curb on legislation – Law Society’s Gazette

Posted May 19th, 2010 in drafting, legislation, news by sally

“The master of the rolls has called for fewer and more carefully drafted laws to avoid handing too much power to the judiciary.”

Full story

Law Society’s Gazette, 18th May 2010

Source: www.lawgazette.co.uk

Ministers passing too many ‘bad’ laws, say ex mandarins – BBC News

Posted January 27th, 2010 in civil servants, drafting, legislation, media, news, parliament, reports by sally

“The way Britain is governed has gone wrong and is in urgent need of reform, a group of former Whitehall chiefs has warned in a highly critical report.”

Full story

BBC News, 27th January 2010

Source: www.bbc.co.uk

High Court ruling attacks ‘bits of legal boilerplate, bolted together’ – OUT-LAW.com

Posted September 11th, 2008 in agreements, drafting, news, patents by sally

“A court has attacked lawyers who let word processors do their thinking for them. Standard paragraphs are being bolted together to make nonsensical agreements, said a High Court ruling on Friday.”

Full story

OUT-LAW.com, 11th September 2008

Source: www.out-law.com