Lost for Words or Lost in Words?

Posted on Apr 25, 2017 in Background, General

Modern legal language, especially when used in contracts, is supposed to be simple in structure and comprehensible to the parties involved. A recent case in India, reported by the BBC, shows us why. The Supreme Court apparently sent back an incomprehensible judgment from a high court judge in the state of Himachal Pradesh for re-drafting because it was simply unintelligible. Even a generous sprinkling of lawyer’s Latin in the sentences...

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How much? Assessing Damages for NDA Breach

Posted on Apr 20, 2017 in Background, Bugg’s Boilerplate, General

Once you prove a contract breach by the other party, you can always ask for damages, but how much will you get? In the High Court a £15 million contract claim has recently been reduced to a mere £2! Generally, under English contract law damages must be based on the loss (so-called “reliance” or “expectation” damages) resulting from breach or a contract not being duly performed. Furthermore, English contract law now...

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Friends at Last: Textualism and Contextualism

Posted on Apr 7, 2017 in Background, Bugg’s Boilerplate, General, Lawspeak

English Law and Interpreting Contracts The latest UK Supreme Court decision  (Wood v Capita Insurance Services Ltd [2017] UKSC 24) shows how far the courts have travelled with their jurisprudence over the decades when its comes to contract interpretation. In English law the interpretation (“construction”) of a contract is a matter of law. The long legal journey started with the orthodox or “objective” approach set out in...

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