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04 September 2008 / Rob Jones
Issue: 7335 / Categories: Features , Profession , Technology
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The language of law

Rob Jones ensures all is not lost in translation

In an increasingly integrated global community, with cross-border disputes ever more frequent, the issue of language grows more complex. Documents created in any country and any language can be, and increasingly are, relevant to lawsuits, investigations or regulatory matters. Consequently, legal teams need to be aware of how to equip themselves for the challenge of dealing with multilingual forms of evidence.

A technical minefield

The technical processes in cross-border electronic disclosure are sophisticated, often invoking in-depth analyses of data storage issues. Fundamentally, computers hold data in encoded formats which are alien to most human users. One issue to consider therefore is how such encoding is handled by various types of computer system: does the system decipher or distort the codes which are being used to determine and accurately represent the languages contained in any given document?

There are currently two main methods used in the successful handling of multilingual data—code pages and Unicode. A code page is a cross reference table that translates

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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