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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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

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IP firm promotes patent attorney to partner

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Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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