‘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.’
Litigation Futures, 12th December 2014
Source: www.litigationfutures.com
‘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.’
Full story
Law Society’s Gazette, 3rd December 2014
Source: www.lawgazette.co.uk
‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’
Law Society’s Gazette, 6th October 2014
Source: www.lawgazette.co.uk
‘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”.’
Legal Futures, 28th July 2014
Source: www.legalfutures.co.uk
‘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
‘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.’
OUT-LAW.com, 20th June 2014
Source: www.out-law.com
‘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.’
Litigation Futures, 16th June 2014
Source: www.litigationfutures.com
‘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.’
Legal Futures, 13th March 2014
Source: www.legalfutures.co.uk
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
“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.”
Halsbury’s Law Exchange, 25th June 2013
Source: www.halsburyslawexhange.co.uk
“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.”
Legal Futures, 18th June 2013
Source: www.legalfutures.co.uk
“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.”
OUT-LAW.com, 17th June 2013
Source: www.out-law.com
Does the law need to be rectified? Chartbrook revisited (PDF)
The Chancery Bar Association, Annual Lecture 2013
Source: www.chba.org.uk
“The government has today rejected the Legal Services Board’s (LSB) recommendation that will-writing become a reserved legal activity.”
Legal Futures, 14th May 2013
Source: www.legalfutures.co.uk
“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.”
The Bar Council, 21st March 2012
Source: www.barcouncil.org.uk
“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.”
OUT-LAW.com, 23rd May 2011
Source: www.out-law.com
“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.”
The Guardian, 17th April 2011
Source: www.guardian.co.uk
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
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