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01 November 2013 / Jane Ching
Issue: 7582 / Categories: Features , Training & education , Profession
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Speak up

Jane Ching explores the importance of language within legal education

It is a truism that the general public thinks lawyers have an occult power over language. It is seen as lying, or as hypocrisy, but nevertheless a powerful tool, available for hire. We might object to the first two descriptions but lawyers do have a powerful tool, and, consequently, an ethical obligation to use it and use it effectively.

 

David Bellos, in his entertaining book on translation (Is that a Fish in Your Ear? The Amazing Adventure of Translation, Particular Books) says that legal translators think the functions of legal language are to prescribe, describe and persuade. I would add that the job of the lawyer is, not only to prescribe, describe and persuade, both orally and in writing, but also, frequently, to translate. Lawyers “do things with rules” but, much more broadly, we do things with language. It is the object of study, the means of analysis and the key professional tool. If we get it wrong, we can ruin

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Cripps—Radius Law

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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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