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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

Bellevue Law—Lianne Craig

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EIP—Rob Barker

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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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