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04 February 2010 / Roderick Ramage
Issue: 7403 / Categories: Blogs , Profession
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Law in 101 words

Snippets from The Reduced Law Dictionary by Roderick Ramage

Affirmative and negative affirmation procedures

Statutory Instruments required to be laid before Parliament come into operation on the date stated without further procedure: Statutory Instruments Act 1946 s4.  If an Act provides for an instrument to be subject to annulment (the negative affirmation procedure) it may be annulled as a result of a resolution of either House of Parliament within forty days: ibid s5. 

The affirmative resolution procedure requires that a draft of the instrument is laid before Parliament and is approved by a resolution.  The European Communities Act 1972 Sch 2 para 2 provides that an instrument not subject to approval is subject to annulment.

Drafting documents

The draftsman must ascertain his client’s intention and the law. Conventionally a document starts with its brief description, date and the names of the parties, recites any background facts which are necessary and then continues with the operative clauses, moving from general to the detail, sometimes putting the latter into schedules. He must include everything that

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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