legal english

197 Pages·2006·3.28 MB·English

0582894360_COVER(McKay) 28/2/05 1:48 pm Page 1
MCKAY AND CHARLTON L
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LEGAL ENGLISH
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How to Understand and Master the Language of Law
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‘This is a much needed text on legal English. It deserves a place on the shelf of every law teacher, and should be N
on the reading list of all students who need to get to grips with language issues… An excellent and up-to-date
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book that makes the resolution of language law issues accessible and interesting.’
Dr Sharon Hanson (PhD), Director of Legal Studies Programmes, Birkbeck College, University of London L
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‘This book fills a very important gap and will be gratefully appreciated by both students and teachers of legal
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English. It is an authoritative introduction to a field which is becoming more and more significant internationally.’
David Rowson, MBE, Head of English, Bellerbys College, London
Legal Englishis designed to assist those who wish to develop and enhance their skills in the use of the English
language within a legal context, whether as a native English speaker or someone using English as a second or
foreign language.
It enables the reader to confidently write on, and discuss, legal topics as well as actually conduct legal work –
such as advocacy, interviewing and advising, negotiation, legal writing and drafting. The book provides the
necessary tools to build on language skills in a professional context through familiarisation with realistic legal
scenarios and materials prepared by a qualified lawyer. The exercises are suited to both self-study and group work.
Legal English:
● includes exercises which progressively enhance communication skills in oral and written English
● develops legal vocabulary alongside grammatical construction and pronunciation
● presents realistic legal scenarios to advance professional language skills M
● enhances the study process through the inclusion of learning objectives, glossary of terminology,
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sample letters, legal documentation and contracts K
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Y
Legal Englishis ideal for those studying law within an English language jurisdiction. It is also an invaluable

reference for those involved in the legal or business domain whose work brings them into contact with legal A
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practice.
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William R. McKayis a qualified solicitor and Lecturer at the Inns of Court School of Law, Institute of Law, City C
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University, London. He currently teaches civil litigation, civil advocacy, opinion writing and drafting and employment
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law on the Bar Vocational Course. He is also part-time lecturer for legal reasoning and employment law at
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Birkbeck College, University of London. L
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Helen E. Charlton(MA, TEFL) has taught English as a foreign language for several leading language schools. She N
teaches Business English to clients from major corporations and has worked in Japan.
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Legal English
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We work with leading authors to develop the strongest
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Legal English
How to Understand and Master the Language of Law
William R. McKay and
Helen E. Charlton
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Pearson Education Limited
Edinburgh Gate
Harlow
Essex CM20 2JE
England
and Associated Companies throughout the world
Visit us on the World Wide Web at:
www.pearsoned.co.uk
Published 2005
© Pearson Education Limited 2005
The rights of William R. McKay and Helen E. Charlton to be identified as authors
of this work have been asserted by the authors in accordance with the Copyright,
Designs and Patents Act 1988.
All rights reserved. No part of this publication may be reproduced,stored in
a retrieval system,or transmitted in any form or by any means,electronic,
mechanical,photocopying,recording or otherwise,without either the prior
written permission of the publisher or a licence permitting restricted copying
in the United Kingdom issued by the Copyright Licensing Agency Ltd,
90 Tottenham Court Road,London W1T 4LP.
ISBN 0-582-89436-0
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this book is available from the Library of Congress
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Typeset in 10/13pt Palatino by 69
Printed by Ashford Colour Press Ltd,Gosport
The publisher’s policy is to use paper manufactured from sustainable forests.
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Table of contents
Acknowledgements vii
Introduction 1
Part 1 Business law and practice 3
1. Company formation 5
2. Board meetings 16
3. Shareholders' meetings 21
4. Boardroom battle! 32
5. Marketing agreements 45
Part 2 Civil litigation 57
6. Injunctions 59
7. Breach of contract claim 66
8. Road traffic accident! 76
9. Trial 90
10. Employment law 120
Part 3 Law bulletin 129
11. Law bulletin 131
Appendix 1: Study and research
guide 149
Appendix 2: Glossary 158
Appendix 3: Answer key 165
Index 185
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Acknowledgements
The publishers and authors would like to thank the following individuals and pub-
lications for granting permission to reproduce copyright material.
Employment Tribunals Service for permission to include sample copies of Employ-
ment Tribunal forms.
The Law Society Gazettefor permission to reproduce the following articles:
(cid:2)‘Shopping Around’ (edition dated 4 March 2004)
(cid:2)‘Having cross words in the courtroom’ (edition dated 1 April 2004)
(cid:2)‘Asian tigers prepare to spring’ (edition dated 20 May 2004).
Nigel Hanson for permission to reproduce ‘Shopping Around’. Nigel Hanson is a
member of the media team at Foot Anstey Sargent.
Justin Michaelson (Weil, Gotshal & Manges) on behalf of the Solicitors’ Associa-
tion of Higher Court Advocates, for permission to reproduce ‘Having cross words
in the courtroom’.
Lucy Trevelyan for permission to reproduce ‘Asian tigers prepare to spring’.
Margot Taylor, Principal Lecturer at the Inns of Court School of Law, for permis-
sion to reproduce her article entitled 'Which route–solicitor or barrister?’ (The Times,
20 January 2004).
The authors would also like to express their gratitude to Sharon Hanson and
David Ronson for providing valued comments and feedback in the course of this
book being written.
Publisher’s note
The following forms are © Crown copyright: v 08/02 (10: First directors and
secretary and intended situation of registered office); 10/03 (12: Declaration on
application for registration); 288a (Appointment of director or secretary); N19
(Special Resolution on Change of Name Companies Acts); N1 Claim form (CPR
Part 7) (01.02); IT1 (E/W) (Application to an Employment Tribunal); Form IT3
E&W–8/98 (Employment Tribunals); Human Rights Act 1998.
While every care has been taken to establish and acknowledge copyright and to
contact the copyright owners, the publishers tender their apologies for any acciden-
tal infringement. They would be pleased to come to a suitable arrangement with the
rightful owners in each case.
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Introduction
This book has been written to assist those interested in law and wishing to become
more conversant in English within a legal context (whether as a native English
speaker or someone using English as a second or foreign language). It is therefore
intended to be of assistance to a variety of individuals, including:
(cid:2) those aiming to study or presently studying law within an English language
jurisdiction (whether for academic or vocational training purposes)
(cid:2) those presently involved in the legal or business domain whose work brings
them into contact with legal practice.
Communication skills in oral and written legal English are developed through
a programme of language activity in conjunction with key legal skills training
including:
(cid:2) advocacy
(cid:2) interviewing and advising
(cid:2) negotiation
(cid:2) legal writing and drafting
In this way this publication offers the reader stimulating and enjoyable instruction
designed to progressively enhance relevant and meaningful communication skills
in oral and written legal English. Such a task based approach enables the reader to
optimise academic and professional effectiveness, offering a valuable source for aca-
demic and professional development. Legal English provides the opportunity to
build on language skills in a professional context through familiarisation with real-
istic legal scenarios and materials prepared by a qualified lawyer. The exercises are
suited to both self-study and group study in a classroom.
Readers therefore benefit from pro-active skills based exercises. These involve the
use of realistic legal precedents to develop a working knowledge of legal practice
and ability in performing ‘real-life’ legal tasks and procedures–all in the context of
improving the reader’s ability to use legal English.
English is predominantly the language of international legal practice and its im-
portance to lawyers cannot be over-emphasised. The way in which one uses legal
English can therefore be crucial to professional success. Competence is developed
throughout the book in a logical sequence of ascending complexity. Exercises are
also cumulative, previous lessons being reinforced and built upon in subsequent ex-
ercises while also containing a practice and feedback element.
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