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PRACTICE NOTES
Legal tech is transforming the legal industry in unimaginable ways; as technology has done throughout our lives. In law, that transformation has been a gradual and cautious process—but that period is over. The pace of change is accelerating exponentially and legal teams must now consider how to incorporate technology into their ways of working to maximise their value and impact, and maintain their relevance. This Practice Note, produced in partnership with Ben Shillito, Senior Director at Olus, considers the usage and impact of legal tech from the perspective of an in-house legal team. What is legal tech? The term legal tech refers to technology which has the specific purpose of supporting the work of the legal profession, or providing legal services directly to a client or consumer. Historically, such technology usually focused on matter management, document management, billing or document formatting. As advanced technologies have evolved, such as artificial intelligence (AI), machine learning, and natural language processing, the full potential of legal
NEWS
The Court of Appeal has refused permission, in the case of R v Barton and Booth [2020] EWCA Crim 575, to be progressed to the Supreme Court, on 17 June 2020. The case involved dishonest care home owner, David Barton who defrauded wealthy residents of more than £4m. Following their trial, Barton and Booth appealed their convictions on the basis that the proper legal test for dishonesty was not used by the jury. The Court of Appeal ruling is significant because it clarifies the legal test for 'dishonesty' in all criminal cases involving allegations of dishonesty—meaning that juries must now consider all the facts in the case including the defendant’s knowledge or belief in the facts, before deciding whether the behaviour was dishonest by the standard of ordinary, reasonable people.
GLOSSARY
Legal title refers to the formal ownership of property recognised by law, usually evidenced by entries on the land register, title deeds or other documentation. In practice, the person holding legal title is the one the law recognises as owner for dealings such as sale, mortgage, registration and enforcement, even where another person holds the beneficial or equitable interest. Across England and Wales, Northern Ireland and Ireland, “legal title” is a descriptive term widely used in property law, trusts, banking and insolvency, rather than a single defined statutory concept. It is central to the distinction between legal and beneficial ownership, for example where trustees hold legal title to land or shares on trust for beneficiaries. Lenders typically require legal title to be registered in the borrower’s name before taking security. In Scots law, the analogous concept is real right of ownership, acquired by registration in the Land Register or Register of Sasines. Although the terminology differs, practitioners commonly use “legal title” informally to denote the registered proprietor. Legal title is critical to questions of priority, enforceability against third parties, and capacity to grant valid dispositions or securities.
PRACTICE NOTES
Lenders will often take security as support for a borrower's obligations under a loan. Taking security means that they will have certain rights over the secured assets in the event that the borrower fails to repay the loan. English law recognises four types of security interest: • mortgages • charges • pledges, and • liens For an overview of each of these types of security, see Practice Note: Types of security; for information on mortgages, see Practice Note: Mortgages; for information on charges, see Practice Note: Fixed and floating charges; and for information on pledges, see Practice Note: Pledges. This Practice Note explains: • the difference between legal and equitable security interests • which types of security can be legal and which types can be equitable (or both) • the key advantages of legal security • the key advantages of equitable security Legal or equitable security? The security interest conferred on the secured party will be either legal or equitable. Certain security interests can be either legal or equitable, some are always
GLOSSARY
Legal writing describes the specialised drafting and analysis lawyers use to communicate law and legal argument in a precise, structured and authoritative way. It covers documents such as contracts, pleadings, opinions, advices, witness statements, skeleton arguments, letters before action, case reports, client care letters and internal memoranda.The expression is descriptive rather than defined in legislation or case law, but it is central to legal practice across England and Wales, Scotland, Northern Ireland and Ireland. Effective legal writing typically requires accurate use of legal terminology, correct citation of authorities and legislation, logical organisation, and a clear link between facts, law and conclusion. It must balance clarity for clients and courts with sufficient detail to protect legal rights and manage risk.In litigation, the quality of written submissions and statements of case can materially affect case management, judicial understanding and outcomes. In transactional and advisory work, well-drafted agreements and opinions reduce ambiguity, support enforceability and assist regulatory compliance. While stylistic conventions differ slightly between jurisdictions and courts, expectations of accuracy, objectivity, concision and professional tone are broadly consistent throughout the UK and Ireland.
NEWS
Local Government analysis: This claim for judicial review in the High Court followed the decision of Westminster to refuse a reciprocal transfer, a process that is included in their policy. The claimant was seeking a move due to her daughter being abused by a neighbor in 2021. Her housing association and London Borough were unable to offer her safe and suitable accommodation. The claimant sought assistance from Westminster, owing the local connection of the claimant and her daughter. Westminster’s decision was found to be unlawful due to indirect discrimination against women within the housing policy and its decision failing to comply with the Public Sector Equality Duty (PSED). It appeared, from the evidence and lack thereof, as though no consideration was given to the PSED at all. Written by Clive Adams, head of Housing Management at Birketts LLP.
NEWS
PI & Clinical Negligence analysis: In Macaulay v Karim & another, Senior Costs Judge Gordon-Saker confirmed that qualified one-way costs shifting (QOCS) protection under CPR 44.14 is available to legally aided claimants. He also held that an order for interim damages was not an ‘order for damages and interest’ for the purposes of QOCS. The decision provides welcome clarification on the interrelation between different schemes of costs-protection and a clear indication that QOCS will apply to proceedings that include a claim for damages for personal injuries unless they fall within a clearly specified exception such as CPR 44.17. Further, the case appears to be the first to consider whether an order for an interim payment of damages is an ‘order for damages and interest’, thus the senior costs judge’s decision provides a long-overdue answer to the highly-important but under-litigated area of payments on account of damages. Written by Christopher Moss, pupil barrister at 39 Essex Chambers.
Q&As
We assume you are referring to a generic business to business contract for the simple hire or lease of equipment, and not to a consumer credit hire agreement or a finance lease: • consumer credit hire agreements are heavily regulated. For information on consumer credit, see: Consumer credit agreements—overview and Practice Notes: Consumer credit agreements—pre-contract requirements, Regulated activities relating to consumer credit and Entering into a consumer hire agreement as owner • finance leases present additional issues. For information on finance leases, see: Asset finance structures—overview. And for information on sector specific financing, see: Aviation finance—overview, Shipping finance—overview, Rail finance—overview and Film finance—overview Terminology The terminology used to describe generic business-to-business contracts for the simple hire of equipment is often used interchangeably and
GLOSSARY
Legislation describes written laws enacted by a law‑making body, primarily Acts and secondary (delegated) legislation used daily by legal practitioners to determine parties’ rights, obligations and remedies. It is a descriptive term rather than a single defined concept, but its components (for example, “Act”, “statutory instrument”, “regulation”) are defined and regulated by statute and case law. In England and Wales, Scotland and Northern Ireland, “legislation” mainly refers to Acts of the UK Parliament, Acts of the Scottish Parliament, Northern Ireland legislation and subordinate legislation (such as statutory instruments, rules, orders and regulations). In Ireland, it primarily refers to Acts of the Oireachtas and statutory instruments made under enabling Acts. Across all these jurisdictions, legislation has primacy over common law where there is conflict, is interpreted by the courts using established canons of statutory interpretation, and is subject to constitutional or human rights constraints (including the Human Rights Act 1998 in the UK and the Irish Constitution). Legal professionals routinely analyse legislation for compliance, risk assessment, drafting, litigation and advisory work, often consulting consolidated texts, commencement orders, saving provisions and amending instruments.
NEWS
Draft legislation for Finance Bill 2027 includes the Pillar 2 side-by-side package, the new securities transfer tax, a further array of powers and penalties and a consultation on pre-development costs.
NEWS
Private Client analysis: The government published draft legislation for Finance Bill 2025 (FB 2025, also known as Finance Bill 2024-25) on 29 July 2024. The government also published several policy papers announcing its intention to legislate further in a number of areas at Autumn Budget 2024, which is scheduled to take place on 30 October 2024. Of most relevance to Private Client practitioners and their clients is the policy paper which sets out proposals for the abolition of the remittance basis of taxation for non-domiciled individuals, and the replacement of a system based on residence rather than domicile with respect to inheritance tax. Further details are expected in Autumn Budget 2024. Initial reactions from the market are set out below.
NEWS
Tax analysis: On Legislation Day, 29 July 2024, the government published draft provisions to be included in Finance Bill 2025 (FB 2025, also known as Finance Bill 2024–25) together with accompanying explanatory notes and other supporting documents. The government also published several policy papers announcing its intention to legislate further in a number of areas at Autumn Budget 2024, which is scheduled to take place on 30 October 2024. This analysis brings together the key business tax provisions and explains the changes being made.