Getting in and out of summer

Posted on Jul 11, 2016 in Background, Bugg’s Boilerplate, General, Lawspeak

After a month out of the office, it has proven very difficult to get back into the work routine. In the meantime, the United Kingdom may be facing the opposite problem. After over forty years in the EU (aka EEC) it is now having to contemplate the political, economic and legal realities of trying to get out. As always, the legal industry has seen a great new market opening up and has been quick to provide advice and offer new services and...

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The spoken word

Posted on May 31, 2016 in Bugg’s Boilerplate, General, Lawspeak

Have you ever seen this type of provision? Any amendment to this contract must be made in writing and signed by both parties. It is standard procedure when drafting contracts to include a template clause that requires any future amendments to a contract to be made in writing and signed by the respective parties. But in practical terms such a clause may have only limited impact in certain circumstances, as a recent case in English revealed. In...

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German Law Contracts in English

Posted on Apr 26, 2016 in General, Lawspeak, Seminars

Just in Time!   Seminar with Stuart Bugg Friday, 6 May to Saturday, 7 May 2016 (2 days) Victoria Hotel, Nürnberg German Law Contracts in English As a legal professional, contract manager, sales manager or translator you are often working between different laws and languages. This seminar is designed to help you bridge the divide between German Law and  the English language and legal world. Say (write and understand) it in English! Feel more...

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Legal Notice: Easter is coming! But when?

Posted on Mar 18, 2016 in Background, General

  If you are a lawyer, there are probably a couple of (legal) questions which are troubling you at the moment: 1. When exactly is Easter? You’ll have to refer to your church calendar to answer this query. English law tried to take control of this issue but was never quite successful. The Easter Act 1928 (c. 35), an Act of the UK Parliament first passed in 1928, was never implemented. The statute sought  to provide a fixed date for Easter...

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Working with dinosaurs: notwithstanding and subject to

Posted on Mar 18, 2016 in Background, Bugg’s Boilerplate, General, Lawspeak

The “n-word” is still a much-loved favourite with contract drafters, even in the 21st century. But the word itself is archaic and a clear hangover from days gone by, along with many other legalese dinosaurs (hereinabove mentioned, forthwith, et al ).         A typical example of usage would be “Notwithstanding anything mentioned herein which may be construed to the contrary, the title shall not be effective until…” This means basically that the...

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Seminars: English for the Law Office

Posted on Mar 9, 2016 in General, Seminars

Do your support staff and trainees need a little help with their English? If you want your office personnel and trainees to be a bit more competent and confident when working  in English you may be interested in a new series of three one-day “mini-workshops” we have developed. The seminars are to be held over the course of this year here in Nuernberg. The first meeting is scheduled for next month on 15 April and there will be...

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What exactly are standard terms and conditions (alias “AGBs”) ?

Posted on Mar 8, 2016 in Background, Bugg’s Boilerplate, General, Lawspeak

Whether you call them general terms and conditions (GTCs) or just standard terms, lawyers and those using contracts should always be acutely aware that these types of conditions will usually be treated by the law as being different to other contract provisions. Indeed, under German law standard terms (“Allgemeine Geschäftsbedingungen – AGBs“) have earned themselves a unique position when compared to the legal systems of most...

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Contract Penalties and English Law…now the dust is beginning to settle.

Posted on Feb 15, 2016 in Background, Bugg’s Boilerplate, General, Lawspeak

Earthquakes occur in the natural world all the time. They happen less frequently in the otherwise stable terrain of contract law. Earthquakes are relatively short in duration but the after-shocks go on for a long time. The same can be said of judgments and their impact. There was a very deep tectonic slip in England recently. The degree of change and impact on the legal landscape will only be clear once the dust has fully settled and a few...

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When wavering could still become a waiver

Posted on Jan 25, 2016 in General

  I thought we could start the New Year with an interesting case I received just before the Christmas break. The matter related to the failure of my client’s suppliers to provide certain goods and materials by an agreed date in early October. Luckily, the deliveries had not been required straight way and so there was no immediate pressure. However, my client  admitted that he had not been able to decide what to do in October and he had...

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