Common Sense, Liability and Interpretation

Posted on Mar 6, 2018 in Bugg’s Boilerplate, General, Lawspeak

  The devil may be in the (grammatical) detail, but now it seems that the angel of common sense is coming to assist contract law. After many, many years (you could even say decades) of some English courts interpreting liability clauses in a very strict manner and refusing to support unclear or vague wording, in Royal Devon & Exeter NHS Foundation Trust v ATOS IT Services UK Ltd [2017] EWHC 2197 (TCC), the Court of Appeal has again...

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Rust Never Sleeps: FIDIC 2017

Posted on Jan 24, 2018 in General, Lawspeak, Seminars

Just in case you’ve finally started feeling comfortable using the International Federation of Consulting Engineers (FIDIC) standard “Suite of Contracts” from 1999 (Red Book, Yellow Book, to mention but two), December 2017 saw the official launch of a whole new set of revised template contracts for the construction and project work industries. Of course, the author (and copyright holder), FIDIC called the launch event in London...

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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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