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06 September 2024 / Roger Smith
Issue: 8084 / Categories: Features , Profession
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Lessons on drafting

188085
Roger Smith presents his five-step process for the perfect letter of action

You could argue the case for some complex commercial document like an M & A agreement. The drafter has, after all, to deal with complicated law; various conflicts of interest between the participating parties; and the balance between obfuscation of difficult issues and ways in which they might be resolved. Personally, I take what may an old-fashioned view. The highpoint of a solicitor’s drafting skills is reached in the humble letter before action.

I learned this lesson on a distinct occasion. It was a darkening November afternoon in the early 1970s during my articles in the City of London. The three-day week and electricity blackouts were in full swing. Out of nowhere I was summonsed to see Sir Charles. To insouciant clerks like myself, Sir Charles was a short, rather stout, gent who turned up infrequently—though oddly he had by far the largest office in the litigation department. His clients were often well dressed and heavily bejewelled ladies of a certain

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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