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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Having Translation Nightmares ? German Law Contracts in English

Posted on Mar 31, 2017 in Background, General, Lawspeak, Seminars

Translators beware! Your time is running out… Last chance for this year! On 28-29th April I will be holding a specialist two-day workshop designed not only for lawyers but also for translators and all those working with commercial contracts in English. The meeting is intended to deal with the language and legal problems encountered when trying to put German contracts into English. (Not all the answers are in the internet or the...

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Confidentiality and Damages – the saga continues

Posted on Mar 3, 2017 in Background, Bugg’s Boilerplate, General, Lawspeak

Following on from my comments in February (“Mum’s Liquidated Damages”), we are again dealing of with the issue of whether enforceable damages claims in English law can be somehow based on pre-estimated or “hypothetical” loss. In other words, can you claim for damages for breach of confidentiality even if there is no actual damage that can be established in a particular case? The white knight of the High Court in...

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