The following In-house Advisor practice note provides comprehensive and up to date legal information covering:
Many in-house legal departments insist on being the portal through which the business has access to law firms. If the legal department is responsible for managing the budget for external spend, then this is understandable. However if the business user or beneficiary of the advice bears the cost and the need for access to advice is regular, direct access can make sense, as long as it is properly managed.
Is there a risk that the business person will:
ask the wrong question?
provide incomplete or misleading input to the law firm?
incur higher costs?
misinterpret the advice they receive?
‘brush under the carpet’ unpalatable advice they receive?
a good triangular relationship between the law firm, the legal department and the business person, for example:
both the legal department and the business were involved in the selection of the law firm
the law firm acknowledges that it owes allegiance both to the business and the legal department
the business acknowledges that it should operate the relationship within the agreed parameters and guidance
the law firm is expected to bring to the legal department’s attention anything which it is concerned about—this should not
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
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The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
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