22 June 1998

The Lawyer

  • Advocating a working relationship

    23-Jun-1998

    There is much more to being a barrister than using advocacy skills in the courtroom, argues Rosemary Samwell-Smith. Rosemary Samwell-Smith is a principal lecturer at the Inns of Court School of Law. This is an extract from her speech to next week's Worldwide Advocacy Conference. The word "advocacy" popularly evokes the concept of a courtroom showdown. The perception is of adversarial advocacy in a forum in which legal disputes are resolved and where advocates do ...

  • Ashursts rejects "poison pen' charges

    23-Jun-1998

    ASHURST Morris Crisp managing partner Ian Nisse has fallen victim to a poison pen letter - purportedly written by his staff - which accuses him of allowing partners greater profits while giving many staff no pay rise this year.The note, which is addressed to Nisse and headed "Your greed", has been distributed to partners at the firm, as well as being sent to The Lawyer.It begins: "As you know, a large number of your staff received no pay rise on 1 May and those ...

  • Bahl's call for sex equality "superlaw' gathers support

    23-Jun-1998

    Those who did bother to attend the Bar Council's AGM found themselves amidst a verbal scuffle surrounding rights of advocacy. Shaun Pye reports. Towards the end of the Bar Council's AGM last week, a portly, silver-haired gentlemen began to explain how, late in life, he had decided to go to Bar school. He passed his exams with aplomb but, because of his maturity, he only managed to secure a six-month pupillage.Fortunately, he had foreseen the problem and knew that ...

  • Bahl's call for sex equality "superlaw' gathers support

    23-Jun-1998

    A call by the Equal Opportunities Commission (EOC) for a sex equality "superlaw" has received widespread backing.EOC chair Kamlesh Bahl last week called for a single replacement for a plethora of laws which, she said, conflicted with each other and with EU law.She said the EOC had received 200 replies to a paper on the matter and was preparing to present the Government with proposals for a single, comprehensive equality law in the autumn.Bahl, midway ...

  • Bar sets new date for equality survey return

    23-Jun-1998

    Chambers have been given 28 days to return Bar Council questionnaires about their equal opportunities policies after the Bar's AGM last week slated the 40 per cent response rate.The Bar's race relations and sex discrimination committees will consider "naming and shaming" those sets who miss the 10 July deadline when they meet early next month.More than 400 sets received questionnaires last June, asking whether they had implemented the Bar's equality ...

  • Can a child with a disability be too gifted?

    23-Jun-1998

    The responsibility of local authorities to support those with learning disabilities could be set to increase, reports Roger Pearson. The obligations of local authorities to provide special help for youngsters with learning difficulties are to come under High Court scrutiny.Leave has been given by Mr Justice Hidden for a challenge to the stance of Portsmouth City Council towards providing financial backing for the special needs of a 15-year-old boy, identified only ...

  • Canada is Deloittes' next target

    23-Jun-1998

    Philip Hoult reports. Big Six accountancy firm Deloitte & Touche is set to add Canada to its global network of law firms but is still publicly insisting that it has no intention of moving into the UK legal market.The firm has hired Ian Tod, ex-managing partner of Toronto firm Torkin Manes, reportedly to carry out a feasibility study into setting up an associated practice in Toronto.If Deloittes does open in Toronto, it will be the second Big Six firm, after Ernst ...

  • Chambers face costly millennium upgrade

    23-Jun-1998

    DOZENS of chambers face having to spend thousands of pounds upgrading their computer systems after a major supplier informed them that the practice management software they are using is not millennium-compliant.Leading IT supplier ACE has told chambers which use its popular ACE Infinity Text practice management system, as well as the older Pick system, that it is not warranting the systems as millennium compliant.And although ACE is offering to upgrade chambers' ...

  • Charles Russell and IT firm launch domain name service

    23-Jun-1998

    Elizabeth DavidsonLONDON commercial practice Charles Russell has teamed up with a specialist Internet consultancy to offer its IT clients a domain name registration and search service.The service - outsourced by Charles Russell to consultancy Kiosk - is designed to help clients setting up a Web site avoid the protracted and expensive litigation associated with domain name ...

  • Chelmsford LPC course may go to Cambridge

    23-Jun-1998

    Philip Hoult reports. ANGLIA Polytechnic University (APU) is in talks with Leicester's De Montfort University and Cambridge University about moving its Chelmsford-based legal practice course (LPC) to Cambridge.The move follows a fall in demand for places on APU's Chelmsford course - one of the first to be approved by the Law Society in early 1993.Mike Malone-Lee, APU's vice-chancellor, confirmed that the talks were taking place but said: "There ...

  • Child Abuse. Jurors as inquisitors

    23-Jun-1998

    Satvinder Juss reports on attempts in the US to encourage juror involvement by letting them ask questions during a trial. Satvinder Juss is a barrister at 4 King's Bench Walk. Jurors in some US civil and criminal trials are being allowed to question witnesses in what is being touted as the next big step in judicial reform.At the start of the proceedings, jurors are told that they can submit written questions at the end of each witness's testimony. The judge and ...

  • Council fights quarry go-ahead

    23-Jun-1998

    A legal battle centring on the environmental issues relating to consent for quarrying operations is to go to the House of Lords. North Yorkshire County Council has been given leave to challenge an Appeal Court decision this February, relating to approval of conditions for quarrying on land at Wensley Quarries at Preston under Scar. The appeal will centre on whether the council was entitled to reach any conclusion on planning before ordering an environmental assessment in relation ...

  • Coventry firm wins third Dibbs property partner

    23-Jun-1998

    Dibb Lupton Alsop has lost a third property partner to Warner Cranston - this time from its Birmingham office.David Hayes, Dibbs' head of property in Birmingham, is to join Warner Cranston's Coventry office as a partner, replacing a property partner who has retired. He follows Peter Davis and Lawrence Radley, who left Dibbs' London office 18 months ago to build the firm's property practice.Davis, now Warner Cranston's head of property, ...

  • Criticism is disingenuous

    23-Jun-1998

    David McNeil's response to the Fabian Society report by Andrew Francis and myself (The Lawyer, 9 june) was both pompous and disingenuous.First, he states that "self-regulation works better than any other, alternative arrangement". How would he know? The Law Society has never seriously considered giving up self-regulation for the benefit of consumers as this would play straight into the hands of its member critics who ask for stronger, tougher ...

  • Financing

    23-Jun-1998

    Linklaters advised the Office of Passenger Rail Franchising on its approval of the £2.1bn upgrade of the West Coast Main Line. Denton Hall acted for the Virgin Rail Group. simmons & simmons acted for Railtrack.

  • Flotation

    23-Jun-1998

    Allen & Overy acted for The Thomson Corporation and Thomson Travel Group on the £1.7bn flotation of Thomson Travel Group. Freshfields advised sponsor Dresdner Kleinwort Benson

  • Flotation

    23-Jun-1998

    Barlow Lyde & Gilbert acted for sponsor Hawkpoint Partners on the £138m flotation of Eskmuir Properties

  • Flotation

    23-Jun-1998

    Lawrence Graham advised independent financial adviser Inter-Alliance on its £18m admission to the Alternative Investment Market. Maclay Murray & Spens acted for nominated adviser and broker Bell Lawrie White.

  • Go ahead for Woolf despite IT delay

    23-Jun-1998

    Elizabeth Davidson and John Malpas report. THE IT case management system needed to underpin Lord Woolf's civil justice reforms will not be ready by next April's start date - but the Government plans to press ahead with the reforms anyway.The hitch was revealed by the Master of the Rolls and his deputy, Vice-Chancellor Sir Richard Scott, at a Civil Justice Council meeting on 12 June.The computer systems are being installed by the US company EDS, which ...

  • Gold mine lease under dispute

    23-Jun-1998

    The Crown Estate Commissioners are fighting to re-possess a north Wales gold and silver mine from Snowdonia Leisure and are seeking forfeiture of a 31-year lease between them and Snowdonia. The writ says that the 115 acre site contains gold and silver ore. The commissioners will seek possession of "all mines, quarries, beds and veins of gold or other minerals" on the site and possession of 6.25 acres of adjoining land along with arrears of royalties. No sum has been ...

  • Graham & James lawyer to head TJG in Bucharest

    23-Jun-1998

    Taylor Joynson Garrett has recruited a new Bucharest office head from its US ally Graham & James.The current head, Philip Newhouse, is returning to London. He will be responsible for linking clients in Romania with London and his UK colleagues and clients with Romania.The new Bucharest head, UK corporate and commercial lawyer Michael Dark, was the managing partner of Graham & James' Riyadh office in Saudi Arabia. His firm agreed to him joining Taylor Joynson ...

  • Hammonds talks to Boesebeck Droste

    23-Jun-1998

    Top five German firm Boesebeck Droste is talking to Hammond Suddards as well as Clifford Chance about an alliance leading to merger, it has emerged.Hammond Suddards has publicly stated that it is talking to potential partners in Germany and France, and it is understood that one of the firms it is talking to is Boesebeck.Boesebeck, with 64 partners and 150 lawyers, is likely ...

  • In brief: Eversheds establishes Cambridge base

    23-Jun-1998

    Eversheds has moved into Cambridge by taking two rooms in the city to provide fax and phone facilities for its lawyers from the Norwich office who are increasingly having to travel there for client business or marketing development work. Eversheds East Anglia managing partner Colin Brown said the firm would be addressing the issue of whether to establish a permanently-staffed office in Cambridge very ...

  • In brief: Free legal advice at Glastonbury Festival

    23-Jun-1998

    The Citizenship Foundation and the Law Society are joining forces at the Glastonbury Festival to offer free legal information. A team of eight volunteer solicitors from the Somerset Young Lawyers Group will run the stand and give festival-goers the chance to find out about the law and how it affects them.

  • In brief: Law Society course may have netted £1m

    23-Jun-1998

    The Trainee Solicitors' Group (TSG) claimed last week that the Law Society makes a profit from students on the legal practice course. The TSG said that figures produced by the Law Society revealed that the Law Society may have made a £1m profit from students since the course was introduced in 1993.

  • In brief: Lawyers honoured in recognition of service

    23-Jun-1998

    Edwin Glasgow QC, head of chambers at 39 Essex Street, has been awarded a CBE in the Queen's Birthday Honours List in recognition of his service as chairman of the Financial Reporting Review Panel from 1991 to 1996. Eversheds consultant and former senior partner David Haggett received the OBE for services to business in the community in the West Midlands.

  • In brief: Lord Irvine reaffirms pledge to lawyers

    23-Jun-1998

    The Lord Chancellor, Lord Irvine, has reaffirmed the Government's commitment to extending rights of audience for lawyers appearing as advocates in higher court cases. Speaking at the annual dinner of the Solicitors' Association of Higher Court Advocates, Lord Irvine said: "We are determined to establish a system which is faster, more straightforward and more just than the one we have today."

  • In brief: Park Woodfine and Perkins & Tustin merge

    23-Jun-1998

    Bedford firm Park Woodfine merged with Perkins & Tustin of Northampton on 1 June. The new firm will be known as Park Woodfine incorporating Perkins & Tustin and will have 10 partners and a total staff of 58.

  • In brief: Presidential roles for British lawyers

    23-Jun-1998

    British solicitor Howard Rosen has been elected as president of the Zurich-based British-Swiss Chamber of Commerce. Stephenson Harwood partner Tibor Gold has been elected president of the Chartered Institute of Patent Agents.

  • In brief: Review over laws on compulsory purchase

    23-Jun-1998

    The Department of the Environment, Transport and the Regions has announced a wide-ranging review of the laws and procedures relating to the compulsory acquisition of land, as part of its initiative to modernise the planning system. Planning minister Richard Caborn said: "This is a complex area of law and I cannot anticipate whether and when legislation might be introduced."

  • In brief: Shaw's return is boost for Herbert Smith

    23-Jun-1998

    Herbert Smith's corporate practice has been boosted by the return of Michael Shaw (pictured right), after two years as joint secretary to the Takeover Panel. Shaw's return coincides with the arrival of Henry Raine from investment bank CFSB. Herbert Smith partner Catherine Goodall said: "We intend to exploit fully the insight into client needs which Michael and Henry have acquired."

  • In brief: Two new partners for niche firm Wrigleys

    23-Jun-1998

    Yorkshire firm Wrigleys has appointed Julia Boyes and David Goldrick as partners, bringing the total number of partners to six. The niche private client and charities firm has doubled in size in the past year.

  • In brief: Visually impaired magistrates appointed

    23-Jun-1998

    The Lord Chancellor, Lord Irvine, announced last week the appointment of the first visually impaired people to serve as magistrates. Lynda Belton, Joseph Carr, Diane Cram and Giles Currie were appointed following a pilot exercise to seek suitable visually impaired candidates for the magistracy.

  • Khan loses 12-month commission dispute

    23-Jun-1998

    The head of Lincoln's Inn set Chancery Chambers has won a year-long battle to obtain £18,000 in unpaid commission fees from a former tenant.The Appeal Court last week upheld a Barnet county court judgment that Mohammed Khan owed his former head of chambers Laurence St Ville 10 per cent commission on his earnings for the four years he was a member. This amounted to £11,466 plus interest.Khan, a successful criminal barrister since 1972, working ...

  • Law Society elections. Electing on policy or personality?

    23-Jun-1998

    The challengers: if Michael Napier and David McIntosh are elected, they plan to take on the Government - not the Law Society. It costs the Law Society £100,000 to hold an election for each of the three presidential offices. For this reason, in the eyes of some members of the profession, anyone forcing a vote needs a very good motive.So just how do Michael Napier, challenging Michael Mathews for the presidency, and David McIntosh, up against Robert Sayer for vice-president, ...

  • Law Society elections. Putting things right at the Law Society

    23-Jun-1998

    David Keating cites the reasons for a lack of faith in the Law Society, and justifies his candidacy for the post of deputy vice-president. David Keating is a sole practitioner. For as long as I can remember, solicitors have regarded the Law Society as either a nuisance or an irrelevance.This hostility - or at best apathy - resulted in a turnout of only 30 per cent in last year's elections for Law Society president. This year, of the 15 Law Society Council seats which ...

  • LCD refuses to disclose cost of QC inquiry counsel

    23-Jun-1998

    Despite its policy of naming and shaming high-earning legal aid barristers, the Lord Chancellor's department (LCD) is refusing to reveal how much taxpayers' money it paid to Nigel Pleming QC, its counsel in the House of Lords inquiry into the fees of four top silks.During the inquiry it was Pleming who exposed the details of fees claimed from legal aid by four barristers - Michael Mansfield QC, Peter Feinberg QC, Christopher Sallon QC and Richard Henriques QC - ...

  • Leaks lead to tougher Law Society secrecy regulations

    23-Jun-1998

    Shaun Pye reports. The Law Society has drawn up new rules to strengthen secrecy, which could severely restrict its members' access to information.In July the council will vote on whether to ban council members seeing confidential papers from any committee, bar those they sit on, except on a "need-to-know" basis.Even when a councillor is a member of a committee, access to documents may be restricted.The society is understood to be worried about ...

  • Let us get to grips with the vital issues

    23-Jun-1998

    Michael Mathews wants to see a fairer legal system for all. In the forthcoming Law Society elections, he and running mate Robert Sayer are seeking a mandate for modernisation. Michael Mathews is vice-president of the Law Society and a partner at Clifford Chance. I want to see a Law Society which meets the needs of all its members, however diverse those needs may be. For the past two years ...

  • Litigation Personal Injury 23/06/98

    23-Jun-1998

    Capasso v Hilltost - QBD 28 April 1998Claimant: Salvatore Capasso, 52Incident: Injury at workInjuries: Claimant, a former fitness fanatic, stumbled while laying floor in July 1992, taking more than his share of weight of a 88kg stone slab. He has been left suffering from sciatica which manifests itself through sharp pain in back and left leg and can only be controlled with pain killers. He claims he can no longer work, can ...

  • Litigation Recent Decisions 23/06/98

    23-Jun-1998

    Decisions are taken from LAWTEL's Case Law database. LTL: LAWTEL report; TLR: Times Law Reports; ILR: Independent Law Report. Calling further evidence where judgment reservedAdrian Robert Bowden v Chief Constable of Staffordshire Police (1998)CA (Henry LJ, Otton LJ, Ward LJ) 9/6/98Plaintiff's appeal from the order of HH Judge Rubery on 5 February 1998, granting leave to the defendant, the Chief Constable of Staffordshire ...

  • Litigation Writs 23/06/98

    23-Jun-1998

    A Dagenham widow whose husband died after exposure to asbestos at work is suing United Distillers of Edinburgh. Eva Smart, whose husband Cyril died on 30 April 1995 from an asbestos-related disease, accuses the company of negligence and breach of statutory duty.Writ issued by Field Fisher Waterhouse, London EC3.Potato crisp manufacturer ...

  • Lobbyists parade for Bar Council job

    23-Jun-1998

    THE BAR Council is holding a beauty parade to determine which PR and lobbying consultancy will represent it into the next millennium.Nine consultancies have been invited to tender for a three-year contract to handle the Bar Council's prestigious account, worth in the region of £200,000 a year.Among the front runners are Westminster Strategy, the current holders of the account, and Shandwick, whose Bar unit is led by Jon McLeod.McLeod handled ...

  • Midlands solicitor cleared of fraud lashes out at Law Society and OSS

    23-Jun-1998

    A Birmingham solicitor cleared last week of defrauding the Legal Aid Board (LAB) of £60,000 has attacked the Law Society for closing down his firm when the allegations were levelled against him.After a five-week trial, Andrew Mandleberg was found not guilty at Birmingham Crown Court of conspiring to defraud the LAB. He had been accused of teaming up with two businessmen to operate the scam from his firm, Mandleberg & Co. The jury found Peter Lane and Edward Murphy ...

  • New lease of life for ADR

    23-Jun-1998

    Anthony Salata reports on a number of new ways of resolving property disputes. Anthony Salata is a partner with surveyors Jordon Salata Graham and chairs RICS's dispute resolution group. Dispute resolution in the property field is changing and chartered surveyors are at the forefront of that change. One of the first areas of change is arbitration. It is widely used in resolving valuation, rent review and construction disputes.During 1991 the Royal Institute of Chartered ...

  • Our dream ticket for the profession

    23-Jun-1998

    This week, many lawyers will be pondering who to vote for in the forthcoming Law Society elections. The Lawyer has decided to pin its colours to the mast. For two of the posts the choice is not difficult - Michael Napier is our choice for the presidency and Kamlesh Bahl should be voted in as deputy vice-president.Napier is one of the most experienced and respected personal injury practitioners in the country as well as being the senior partner of a successful firm, ...

  • Philipsborn poached from Law Soc by British Telecom

    23-Jun-1998

    CHRIS Philipsborn - the Law Society's parliamentary lobbyist - has been poached by British Telecom. Philipsborn will be joining BT at the end of July, where he will take up the post of senior political adviser.The former journalist and lobby correspondent had been with the society for three years, where he headed the parliamentary unit.He worked largely behind the scenes lobbying MPs and members of the Government in an attempt to influence the procession ...

  • Privatisation

    23-Jun-1998

    Scottish firm Bishop and Robertson Chalmers advised Norwegian companies Linstow and Nydalens Compagnie on their $9m purchase of Lithuania's largest hotel, the Lietuva in Vilnius.

  • Property

    23-Jun-1998

    Penningtons advised Taylor Woodrow Property on its £6.5m purchase of 13-21 Eastcheap, London EC3, from the Drapers Company, advised by Bircham & Co.

  • Putting a price on "residual stigma'

    23-Jun-1998

    Roger Pearson looks at an Appeal Court ruling on residual stigma which could affect the outcome of future environmental waste cases. AN Appeal Court decision is being viewed as a signpost ruling for the future assessment of damages in land pollution claims.The Ministry of Defence (MoD) was sued following leaks of radioactive uranium and plutonium from the Atomic Weapons Establishment (AWE) at Aldermaston in Hampshire.It is hoped that the subsequent decision will ...

  • Putting the "limited' into law firm partnerships

    23-Jun-1998

    The search for limited liability through changing a firm's structure may turn out to be the solicitor's Holy grail - forever unattainable, says Stephen Netherway. Stephen Netherway is a solicitor in the insurance and reinsurance group at Cameron Mckenna and co-author of Limited Liability for Professional Partnerships. Troubled by the extent of partnership liability, specifically potential unlimited personal liability? Worried about "doomsday" litigation leading to personal ...

  • Richard Price on a well-managed trade mark case. Richard Price is a partner at Taylor Joynson Garrett.

    23-Jun-1998

    A recent trade mark case in the field of complementary medicine was significant in a number of unusual aspects.Mr Justice Neuberger found that Hereford-based Healing Herbs was right in saying that BACH as a name for flower remedies was generic.The result was that the judge ordered a revocation of the BACH-word trade mark registrations of a subsidiary of Nelson's - a leading UK producer of homeopathic medicines.Geoffrey Hobbs QC, who led ...

  • Rocher wooed by Clifford Chance

    23-Jun-1998

    Wilde Sapte's leading litigator Philip Rocher is believed to be in talks to join Clifford Chance.Neither Clifford Chance nor Wilde Sapte would comment, but it is known that Rocher began looking for a new position when Wilde Sapte formalised talks with Arthur Andersen.His main client is Deloitte & Touche, which has told him it would not be keen to send him instructions ...

  • Ross & Craig partner to head Field Fisher's new Anglo-German group

    23-Jun-1998

    Field Fisher Waterhouse is creating a London-based Anglo-German group with the recruitment of partner Robert Wieder from nine-partner West End firm Ross & Craig.Wieder, who holds dual Austria-UK citizenship and joined Field Fisher this month, is heading a group of three lawyers at the firm - Annett Sonderman, who is dual UK/German qualified, Roman Hekelsberger and Sarah Weakley.

  • Scott shows barristers the yellow card

    23-Jun-1998

    THE VICE-Chancellor, Sir Richard Scott, has opened a black book which will list chambers and individual barristers who are late submitting skeleton arguments to the High Court.Under the scheme, which started at the beginning of the month, persistent offenders will be reported to the Bar Council and, in the very worst cases, could face a disciplinary tribunal. If an entire set develops a poor record the head of chambers will be summoned before Scott to account for the problem.

  • St Phillip's causes Birmingham shockwaves

    23-Jun-1998

    The formation of super set St Phillip's Chambers in Birmingham, which has 79 tenants and was opened by the Lord Chancellor, Lord Irvine, recently, has led to a shake-up in the city, with seven tenants switching sets.Chambers 4 Fountain Court has been worst hit, with four tenants quitting. Two, Alastair Smail and John de Waal, went to St Phillip's, and two, Richard Moat and Joanna Chadwick, joined 5 Fountain Court.But St Phillip's and 5 Fountain ...

  • Striking a balance

    23-Jun-1998

    Gary Murphy and Patrick Kerr look at the remedies that resolve difficulties in the Landlord and Tenant Act 1987. Gary Murphy and Patrick Kerr are partners at Allsopp & Co. The Landlord and Tenant Act 1987, as originally drafted, provides that, where a buyer has been nominated to represent the qualifying tenants, the landlord is prohibited from disposing of his interest to anyone other than this buyer for three months.If no person is nominated to represent the tenants during ...

  • The conduct of the lender

    23-Jun-1998

    Matthew Hirst reviews the implications for surveyors and lenders of last year's Court of Appeal decision in Platform Home Loans. Matthew Hirst is an associate solicitor at Dibb Lupton Alsop. December 1997 saw the Court of Appeal consider whether a restriction could be placed on the types of allegations of contributory negligence which could be considered when a lender sues a surveyor or other professional.In the Saamco litigation in June 1996, the House of Lords distinguished ...

  • The end of the North-South divide?

    23-Jun-1998

    The boundaries that divide Scottish and English legal software providers are eroding, writes Jim Cummings. Jim Cummings is chairman and CEO of Pilgrim Systems. Since the late 1970s, when software developers became aware of the market for computer systems in legal offices, there has been debate over the North-South IT divide.The differences in requirements between Scottish and English systems is founded on the differences in the accounts rules between the two ...

  • The Lawyer Inquiry: John Benstead

    23-Jun-1998

    John Benstead was born in south London in 1963. He works as a legal advisor for KPMG What was your first job?Sales assistant in a hardware shop.What was your first ever salary as a lawyer?£2,000 as an outdoor clerk for a legal aid firm in Brixton.What would you have done if you hadn't become a lawyer?Been one of the idle rich.Which law ...

  • Top QC warns on international court

    23-Jun-1998

    THE PLANNED new International Criminal Court (ICC) could hinder rather than speed up the prosecution of suspects accused of committing crimes against humanity if it is set up on the wrong basis, Geoffrey Robertson QC has warned.The leading human rights barrister spoke last week of the "grave danger" that the new treaty, which is being thrashed out at a United Nations conference in Rome, could "turn back the clock" if those countries who were seeking to curtail its powers ...

  • Translation: a simple matter of interpretation?

    23-Jun-1998

    Interpreting the English "legalese" used by many international business contracts is no easy matter, reports Richard Tyler. How quick is "promptly"? What is the difference between a "representation" and a "warranty", and are "best endeavours" better than "best efforts"?These are just some of the problems foreign lawyers and judges face when trying to interpret contracts drafted in English.As big companies and financial institutions drive the use of English as ...

  • Universities not to blame

    23-Jun-1998

    I refer to the letter in The Lawyer, 2 June, which pins the blame for the fact that "there are too many candidates for far too few places" with firms on "schools and universities" advising students to go into law.This seems to me to be an entirely misconceived approach. Pupils from school choose to study the subject which they most want to study. Universities offer places to students who apply to them.Most law departments are careful ...