Roderick Ramage

list of published articles and precedents on non-pension law topics

disclaimer

None of these articles or precedents is advice to any person and none of them may be taken as a definitive statement of the law in general or in any particular case. The author does not accept any responsibility for anything that any person does or does not do as a result of reading them.

 

33

CIO – amendment of constitution or PDF

 

The prescribed forms of constitution, Charity Commission’s powers, consent for and registration of regulated alterations and refusal.

 

1st posted on this site 16 August 2022

 

 

32

reverse engineering to clarity unclear legislation or PDF as published in NLJ

 

Drafting and interpretation.  George Coode’s tract On Legislative Expression (2nd edition 1852), which analyses and explains the components of any legislative expression (legal subject, legal action, case and conditions), also provides a key for unlocking the legislature’s meaning when it is not clear.

 

first published in New Law Journal 12 August 2022

 

 

31

charitable confusion or PDF as published in NLJ

 

“Charity trustees” as defined in the Charities Act 2011 are not necessarily trustees in the normal trust law sense.  It means the persons having the general control etc of a charity, and it not a codification of the same words commonly used by judges and commentators to mean the trustees of a charity.

 

first published in New Law Journal on 25 June 2021

 

 

30

virtual meetings (with or without covid-19) or as a PDF

 

Incorporated bodies usually have detailed rules which enable virtual meetings to be held or decisions to be taken without meetings, but unincorporated bodies, except commercial partnerships, seldom do.  The courts have shown that common law can have the flexibility necessary for decisions to be made even where there are no relevant written rules

 

1st published 25 April 2020 (posting on this website)

 

 

29

e-wills – can we have the future now? or PDF as published in NLJ

 

A speculative argument that the formal requirements of the Wills Act 1837 can be satisfied by an electronic will viewed on screen and executed electronically, including a suggestion that the requirement in Lim v Thompson [2009] EWHC 3341 (Ch) for the original signed to be produced for examination by the courts applies only if there are grounds to suspect fraud.

 

first published in New Law Journal on 28 June 2019

28

remembrance of things past & present or PDF as published in NLJ

 

My response to a comment in NLJ on 14 June 2019 “Competition from accountant” by way of my reflections on my article in NLJ on 12 May 2016 “Can companies be trusted?”, in which I had discussed the Clementi report and its possible impact on the regulation of the legal profession.  In my conclusion I wonder whether it has now become quaint and obsolete to even think  that our professional standards should be maintained by personal ethical responsibility.

 

first published in New Law Journal on 28 June 2019

27

e-material & testamentary dispositions or PDF as published in NLJ

 

This updates slightly the precedent in 24 below with additional notes about the problems of identifying a deceased assets and labilities when all or much is kept on line.

 

first published in New Law Journal on 10 February 2017

26

charitable incorporated organisations or PDF as published in NLJ

 

Guidance notes about the so-called conversion of an unincorporated charity into a CIO.

 

first published in New Law Journal on 9 December 2016

25

personalised registration numbers or PDF as published in NLJ

 

An explanation of what you buy, when you think that you are buying a cherished or personalised number plate.

 

first published in New Law Journal on 28 February 2016

24

testamentary disposal of testator’s e-material (note and precedent codicil) or PDF as published in NLJ

 

Computer held date is already an important asset of some people and will become increasingly important for more people.  This precedent codicil, with an explanatory note, explores whether and how testamentary dispositions of computer based material might be effected.

 

first published in New Law Journal on 12 September 2014

also published in the 21st edition of Kelly’s Legal Precedents, Butterworths, 2014

23

Fair share? or PDF as published in NLJ

 

Discussion whether George Osbourne’s hairbrained proposal for employee shares announced at the Conservative Party Conference in October 2012 and enacted by the Growth and Infrastructure Act 2013  can work effectively.

 

first published in New Law Journal on 6 September 2013

22

Perpetuities and Accumulations Act 2009

 

This first look at the Act reviews the history of the rules against perpetuates and excessive accumulation and the changes to be made to them when the 2009 Act comes into force.

 

first published in Solicitors Journal on line on 15 December 2009

21

chairman’s casting vote at company general meetings

 

BIS (formerly BERR)  asserts in the explanatory note to the Companies (Tables A to F) (Amendment) (No 2) Regulations 2007 SI 2007/2826 that the chairman’s casting vote conflicts with the definition of an ordinary resolution of the members of a company in s282(a) of the Companies Act 2006.  This article suggest that BIS is mistaken and that nothing in this Act prevents companies from providing in their articles of association for the chairman of a general meeting to have a casting vote.

 

1st published in the 3rd edition of Companies Acts: Model Articles and Table A (LexisNexis Butterworths)

20

He, she, yo!  or PDF as published in NLJ

 

We lack a gender neutral third person pronoun.  Poets have long used ‘they’ for he and she, as do journalists and other woolly users of the English language (including, alas, a few lawyers who should know better).  Most proposals to fill the gap have failed at the starting line, but ‘yo’ might just have a sporting chance.

 

1st published 14 February 2008 (New Law Journal)

19

Can companies be trusted?  or PDF as published in NLJ

 

Some aspects of Tesco law.  What Clementi forgot to tell us.  The black letter company law reasons why shareholders’ demands for profits must override public interest.

 

1st published 12 May 2006 (New Law Journal)

18

What is religion?

 

Thoughts on the distinction between religion and the manifestation of religion in connection with employment regulations, incitement to hatred, human rights and the Denbigh School case.

 

1st published 2 April 2005

17

Effective Draftsmanship – Parts 1 to 5 or PDF as published in NLJ

part 1     17 December 2004 (simplistic language, wite a clear clause)

part 2     7 January 2005 (four elements of a legal sentence, “will” and “shall”)

part 3     14 January 2005 (analysing a clause, discouraging provisos, dangers of “hereto” etc)

part 4     4 February 2005 (rules of thumb of good drafting, translating legalese into plain English)

part 5     8 April 2005 (how courts interpret both private legal documents and Acts of Parliament)

 

The danger of simplistic language, an analysis of legal sentences and how the courts interpret documents.

 

1st published 17 December 2004  to 8 April 2005 (New Law Journal)

16

Disciplinary and grievance procedures

 

Short basic precedents to comply with the statutory procedures brought into force on 1 October 2004.

 

1st published 19 November 2004 (New Law Journal)

15

ACAS Arbitration

 

Notes on submitting an employment dispute to ACAS arbitration and a precedent of the required agreement.  Obsolete except as an example of well-intentioned but impracticable legislation.

 

1st published 29 March 2002

14

Contracts (Rights of Third Parties) Act 1999

 

Boilerplate clauses to deal with the various situations envisaged by this act.

 

1st published 14 April 2000 (New Law Journal)

13

Repayment of Maternity Pay

 

A precedent for the repayment of contractual maternity pay of a woman does not return to work after maternity leave

 

1st published 22 January 1999 (New Law Journal)

12

Working Time Regulations documents

 

Indicative precedents of the type of documents required under these regulation and notes about their use.

 

1st published 21 August 1998 (New Law Journal)

11

Club formation and rules

 

Precedents of rules for an unincorporated sports or social club and short formation agreement

 

1st published 22 & 29 May 1998 (New Law Journal)

10

Directors and shareholders

 

Precedents and noted for articles of association of companies to regulate the balance of power between directors and shareholders and between groups of shareholders

 

1st published 5 December 1997 and 23 January 1998

9

How many votes do you need?

 

Article analysing the various percentage shareholdings required for different purposes under the companies legislation

 

10 October and 7 November 1997 (New Law Journal)

8

Conflict of interest on the merger of two firms of solicitors

 

Review in the form of precedent letters of issues to be considered when firms merge and have clients on opposite sides of transactions and whether they may continue despite a conflict of interest.

 

24 and 31 January 1997 (New Law Journal)

7

Mobbing in the workplace

 

Article based originally on Swiss and German experience of frustrated employees "mobbing" bosses, but adapted to English law and reviewing legal issues of bullying in the workplace.

 

1st published 25 October and 2 November 1996 (New Law Journal)

6

Solicitors in breach of copyright

 

Note about the risk of infringement and the use of a licence from the Copyright Licensing Agency.

 

1st published 21 February 1996 (New Law Journal)

updated 25 August 2015

5

Transfer of undertakings and variation of employment terms

 

A critique of the Employment Appeals Tribunal decision in the St Helen's case: Wilson and others, sanders and Wallace v St Helen's Borough Council

 

1st published 14 June 1996 (New Law Journal)

updated 6 August 2008 (restriction on contracting out)

4

Loaning horses

 

Precedent agreement for the loan of a horse with explanatory notes.

 

1st published May 1995 (Horse & Rider, based on a precedent in New Law Journal 15 July 1994)

3

Written statement of particulars of employment

 

Check list of all items which must be included in an employee's statement as introduced by the Trade Union Reform and Employment Rights Act 1993 and now in the Employment Rights Act 1996

 

1st published 25 November 1994 (New Law Journal) (updated for the ERA 1996)

2

Agreement to refrain from instituting or continuing proceedings before an Industrial Tribunal

 

Precedent of a short settlement agreement by letter as introduced by the Trade Union Reform and Employment Rights Act 1993 and now in the Employment Rights Act 1996 and notes on its use.

 

1st published 17 September 1993 (New Law Journal).  Latest revision 15 August 2015

1

Will or Shall? or PDF as published in NLJ

 

Use of these words in legal documents and introduction to the analysis of a legal sentence into its component parts. As relevant today as when first written.

 

1st published 30 April 1970 (New Law Journal)

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