REUTERS | Mike Blake
March 21, 2022

Ask Commercial trends: evergreen contract issues

In-house lawyers have had a lot to grapple with in recent years: from advising on the implications of Brexit, through the challenges and opportunities arising from developments in digital technology, to the diverse range of legal problems presented by the COVID-19 pandemic.

Generally, the questions Practical Law Commercial receive through our Ask service reflect these trends. But whatever the hot topic of the moment, one theme has remained constant throughout: we receive many more questions on general contract and boilerplate than on any other topic.

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REUTERS | Ajay Verma
March 18, 2022

“Can” and “may” in contracts: is there a difference?

Blog post, Permissive language in contracts: can, may, or is entitled to?, which I wrote for ClarifyNow, discusses the meaning and use of “can” and “may” in contract drafting and in everyday language. I find that there is a clear difference in tone and an arguable difference in meaning. Although “may” is still dominant in contract drafting, the blog suggests reasons to accept “can” as an alternative. It also points to possible risks of ambiguity and inconsistency when drafting contract terms granting or refusing permission.

REUTERS |
March 14, 2022

The Hearing: ep.92, Law Firm Antiracism Alliance

Episode 92 of the Hearing is now available.

February was US Black History Month and to celebrate we have a special episode featuring the Law Firm Antiracism Alliance (LFAA). Our guest host, Thomson Reuters’ Chief Legal Officer, Thomas Kim sits down with the LFAA’s co-founders, Brenna DeVaney and Kiisha Morrow.

As you will hear, Brenna and Kiisha have had an inspirational journey. Thomas asks them what inspired them to set up the alliance and what drives them forward. They talk about the inception of the LFAA, as well as the challenges and successes they’ve had so far in their fight against systemic racism. The pair also explain why they believe lawyers are the key to bringing about effective change, and discuss their long-term ambitions for the LFAA.

REUTERS | Luke MacGregor
March 9, 2022

Five ways to set and maintain boundaries at work

It has never been harder to divide work and home life. The use of technology, combined with the changes brought about by the COVID-19 pandemic, means that we can work from anywhere, at any time, if we choose to. This is particularly significant where we have clients and stakeholders who have expectations of immediate service. Increasingly, lawyers are struggling to manage feelings of “always being on”. This post discusses how establishing boundaries can help to combat feelings of being overwhelmed.

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REUTERS | A farmer cuts tulips on a field near the city of Creil, Netherlands April 19, 2019. REUTERS/Yves Herman
March 8, 2022

Episode 8 of The Construction Briefing podcast

Episode 8 of The Construction Briefing podcast is now available.

This month, we highlight the latest building safety developments, looking at wide-ranging amendments to the Building Safety Bill, which is currently proceeding through the House of Lords (starts at 0.54 minutes).

We also discuss Power and another v Shah [2022] EWHC 209 (QB), where the High Court dismissed the party wall surveyors’ appeal, finding they lacked jurisdiction to make a party wall award under the Party Wall etc Act 1996 (starts at 22.17 minutes).

Finally, we touch on Prime London Holdings 11 Ltd v Thurloe Lodge Ltd [2022] EWHC 303 (Ch), where the High Court made an access order under the Access to Neighbouring Land Act 1992 (starts at 37.55 minutes).

For details of previous episodes, see The Construction Briefing podcast.

REUTERS | Pedestrian cross the new diagonal crossing at Oxford Circus in London November 2, 2009. The design of the new £5 million ($8.2 million) pound crossing was inspired by the Shibuya crossing in Tokyo and allows pedestrians to cross diagonally. REUTERS/Stefan Wermuth (BRITAIN TRANSPORT CITYSCAPE SOCIETY IMAGES OF THE DAY)
February 24, 2022

The Hearing: ep.91, Jo-Anne Pugh (BPP University Law School)

Episode 91 of the Hearing is now available.

In this episode, Yasmin goes back to school to meet the dean of BPP University Law School, Jo-Anne Pugh. They discuss what legal education is like for students who are at the beginning of their careers, and how the learning is evolving to fit (and indeed informing) the modern legal ecosystem.

The pair also chat about the concept and real life experience of “O-shaped lawyers”,  a term that’s likely to become more prevalent in industry thought leadership this year. And Jo provides an insight into the future of legal learning in a post-pandemic world.

Even if your university days are well behind you now, we think you’ll appreciate hearing about the new dynamic between educators and the legal profession, and getting an insight into the kinds of changes you can expect to see coming through the ranks.

REUTERS | Wind turbines produce renewable energy outside Caledon, South Africa, May 20, 2020. Picture taken May 20, 2020. REUTERS/Mike Hutchings - RC272H96YWGL
February 18, 2022

What does it take to be an ‘influential’ in-house lawyer?

Yesterday I met with Jenny Block (General Counsel at Ofwat) and Chris Fowler (General Counsel Technology at BT Group plc) ahead of a Centre for Legal Leadership webinar on 23 February 2022. Chris and Jenny plan to discuss how the in-house lawyer can ensure that they are involved in the most legally significant areas of their organisation’s business and that they are involved at a time when they can influence outcomes, rather than being seen as a legal “rubber stamp” on decisions already taken.

We talked about how those new to roles in-house can identify the skills they need to influence their organisations from day one, as well as what it takes to develop those skills over a legal career, and to help others do the same. It promises to be a fascinating discussion, and I can’t wait to hear the perspectives of these influential thinkers on this interesting topic. If you haven’t yet registered for the webinar, there is still time to do so up until the day by following this link.

REUTERS | Carlos Barria
February 14, 2022

The Construction Briefing podcast, ep.7: building safety and adjudication

Episode 7 of the Construction Briefing podcast is now available.

This month we are joined by Matt Molloy of MCMS Ltd to discuss a number of developments referred to in January’s monthly bulletin.

These include the latest building safety developments, with more government guidance on EWS1 forms, developers being told to pay to replace unsafe cladding and an extension of the limitation period under the Defective Premises Act 1972 to 30 years.

We also look at a number of adjudication enforcement cases, including John Graham Construction Ltd v Technicas Reunidas UK Ltd [2022] EWHC 155 (TCC), BraveJoin Co Ltd v Prosperity Moseley Street Ltd [2021] EWHC 3598 (TCC) and Bilton and Johnson (Building) Co Ltd v Three Rivers Property Investments Ltd [2022] EWHC 53 (TCC).

For details of previous episodes, see The Construction Briefing podcast.

REUTERS | An aerial view of tulip fields near the city of Creil, Netherlands April 18, 2019. REUTERS/Yves Herman
February 7, 2022

The Hearing: ep.90, Mark van Baal (Follow This)

Episode 90 of the Hearing is now available.

During the last week of May 2021, significant gains were made in the battle against climate change. In this episode, Becky Annison talks to Mark van Baal, the founder of the international pressure group Follow This, about what happened. Was this the beginning of a sea-change that could save the world?

What some commentators bill as the start of the end of fossil fuel was driven in part by activist shareholders, as well as through the courts. The big oil companies are now being asked in very real terms by customers and shareholders to treat the Paris Climate Agreement seriously. Becky and Mark discuss the intricate ways that company law is being leveraged to drive this peaceful rebellion.

We sometimes hear from lawyers that they can feel disheartened that their work isn’t always a force for good. Mark, a relatively unknown journalist before the advent of Follow This, talks to us about how we can all make a difference, and his belief that the legal industry in particular holds the key to a brighter future.