Book recommendation: More Uncommon – by A.P. Herbert

The second of two volumes which explore the humorous side of English law, written by a former lawyer and independent MP. Whether writing about the possibility of Brigitte Bardot becoming an MP, or whether a cheque can be written on an egg, the author describes the absurdities of the legal system.

Available from Amazon.

Other posts by

November 26, 2014   Posted in: News  No Comments

Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at ÂŁ120 for originals and ÂŁ40 for copies and they can be obtained from this email infoatqccartoondotcom  (infoatqccartoondotcom)  .

Other posts by

November 24, 2014   Posted in: Cartoons  Comments Closed

Weekend video: Ramanan Laxminarayan: The coming crisis in antibiotics

Other posts by

November 22, 2014   Posted in: News  Comments Closed

Book recommendation: Moriarty Hardcover by Anthony Horowitz

Sherlock Holmes is dead. Days after Holmes and his arch-enemy Moriarty fall to their doom at the Reichenbach Falls, Pinkerton agent Frederick Chase arrives in Europe from New York. The death of Moriarty has created a poisonous vacuum which has been swiftly filled by a fiendish new criminal mastermind who has risen to take his place. Ably assisted by Inspector Athelney Jones of Scotland Yard, a devoted student of Holmes’s methods of investigation and deduction, Frederick Chase must forge a path through the darkest corners of the capital to shine light on this shadowy figure, a man much feared but seldom seen, a man determined to engulf London in a tide of murder and menace. Author of the global bestseller THE HOUSE OF SILK, Anthony Horowitz once more breathes life into the world created by Arthur Conan Doyle. With pitch-perfect characterisation and breath-taking pace, Horowitz weaves a relentlessly thrilling tale which teases and delights by the turn of each page. The game is afoot…

Available from Amazon.

Other posts by

November 19, 2014   Posted in: News  Comments Closed

Hurley Palmer Flatt LLP v Barclays Bank Plc [2014] EWHC 3042 (TCC)

This case concerns whether a party who is not a party to a construction contract can nevertheless commence an adjudication. The relevant contract was between the Applicant and Barclays Plc for mechanical and electrical engineering and design services in relation to a new hall at a Barclays data centre. The contract contained a clause 14.3 which purported to allow any “Affiliate” with a direct interest in the project to enforce the terms of the agreement “always provided that the [Applicant] shall be entitled [to] rely on the equivalent defences in respect of such liability which it had against the Client.” The Respondent as Affiliate relied on this clause and the Contracts (Rights of Third Parties) Act 1999 to refer a claim against the Applicant for an allegedly defective chilled water system to adjudication. The Applicant sought a declaration that the Respondent could not bring an adjudication. The Judge granted the declaration. He construed clause 14.3 to be limited to the ability of an Affiliate to enforce terms of the Contract relating to the Applicant’s liability, and did not extend to procedural rights under the Contract. Further and in any event, the Judge held that the adjudication clause did not fall within section 1(4) of the Contract (Rights of Third Parties) Act 1999 since adjudication is a voluntary method of dispute resolution which does not limit the way in which a third party’s rights can be enforced.

Other posts by

November 18, 2014   Posted in: Case Reports  Comments Closed

Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at ÂŁ120 for originals and ÂŁ40 for copies and they can be obtained from this email infoatqccartoondotcom  (infoatqccartoondotcom)  .

Other posts by

November 17, 2014   Posted in: Cartoons  Comments Closed

Weekend video: University of London lecture – Lecture 1 Part 1 : What is law?

Other posts by

November 15, 2014   Posted in: News  Comments Closed

Book recommendation: What I Talk About When I Talk About Running by Haruki Murakami

In 1982, having sold his jazz bar to devote himself to writing, Murakami began running to keep fit. A year later, he’d completed a solo course from Athens to Marathon, and now, after dozens of such races, he reflects upon the influence the sport has had on his life and on his writing. Equal parts travelogue, training log, and reminiscence, this revealing memoir covers his four-month preparation for the 2005 New York City Marathon and settings ranging from Tokyo’s Jingu Gaien gardens, where he once shared the course with an Olympian, to the Charles River in Boston. By turns funny and sobering, playful and philosophical, this is a must-read for fans of this masterful yet private writer as well as for the exploding population of athletes who find similar satisfaction in distance running.

Available from Amazon.

Other posts by

November 12, 2014   Posted in: News  Comments Closed

Internet Newsletter for Lawyers November/December 2014

We’re pleased to tell you that the latest issue of the Internet Newsletter for Lawyers is now published.

In this issue

  • Marketing – Chris Davidson of Curated Media explains how to generate business through content marketing
  • Document drafting – Ann Hemming of LexisNexis on how web technologies can improve document production processes
  • Customer reviews – Daniel Kidd shows how to set up customer review services and incorporate them on your site
  • Chambers websites – Natalie Hearn of Matrix Chambers describes the new Matrix International brand and website
  • Privacy – Paul Bernal reviews where we are 6 months on from the Google Spain ruling
  • Technology – Alex Heshmaty looks at wearable technology and how it can be used by lawyers
  • Resources – Delia Venables on international legal resources
  • A brief update on BAILII

Access the Newsletter online

CPD courses for barristers for 2014

We have two new Legal Web courses for barristers for 2014, accredited by the BSB for 5 hours CPD each.

Guide to Legal Web Resources 2014

  1. Legal commentaries online, provided free by chambers and publishers
  2. Justice resources from Government; and electronic evidence where we are now
  3. European primary law resources on Eur–Lex and European institutions and legal resources
  4. Legal news and resources in the USA, worldwide resources, and languages for lawyers
  5. A review of the most useful internet skills for lawyers and particularly the benefits of RSS

Guide to Legal Web Issues 2014

  1. Media law issues: the future of privacy and restrictions on court reporting
  2. Where we are (and the future) of digital copyright, and how fair use relates to this
  3. Website legal issues, including copyright of website images and SEO law and good practice
  4. Digital currencies (all about Bitcoin) and the problems of BYOD (bring your own device)
  5. Access to law, including Big Data for Law and the future of law reporting

You buy these courses online, you access the material online and you complete a set of questions online. It is all straightforward and (if necessary) Nick and Delia will assist.

Each course costs ÂŁ80 plus VAT and qualifies (after taking the online test) for 5 CPD hours. There is a special combo price for any two courses purchased together of ÂŁ120 plus VAT. A multi-use licence for one course for up to 5 people costs ÂŁ200 plus VAT; for 2 courses ÂŁ300 plus VAT. Larger group pricing available.

Anyone taking one or more of these courses in 2014 will receive the pdf version of the Internet Newsletter for Lawyers free for 2015. That will help you on your way to next year’s CPD courses!

Purchase CPD courses for immediate access

Enjoy the Newsletter.

Regards

Nick Holmes and Delia Venables

infolaw Limited
5 Coval Passage
London SW14 7RE
Tel 020 8878 3033

Other posts by

November 11, 2014   Posted in: News  Comments Closed

The Quest [2014] EWHC 2654

The Claimants shipped a cargo of bagged rice from Thailand to Nigeria on board the Defendant’s vessel, The “Quest”. On delivery, it was found that cargo was damaged, which the Claimant says was due to the Defendant’s breach. Four separate bills of lading had been issued, all of which stated that the law and arbitration clause of the “Charterparty, dated as overleaf” was incorporated. There were three possible charterparties, each of which contained different arbitration clauses. An LOU was subsequently issued by the Defendant’s P&I club, which itself contained a clause providing for London arbitration. The question for the court was whether the LOU arbitration clause amended or replaced the bill of lading clauses.

HELD: That there was no principle of construction that unless a variation was “fundamentally inconsistent” with or “goes to the root of” an existing clause, it would be construed as having only limited effect (paragraph 19). The test was simply one of construction. Looking at matters objectively and in the light of the relevant background, Males J concluded that the LOU arbitration clause replaced the bill of lading clauses.

Other posts by

November 11, 2014   Posted in: Case Reports  Comments Closed