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Action required

Domain names can he registered directly at accredited registrars, that is, Internet name licensing authorities, or by buying them from Internet naming companies. Names are registered for one or more years, often with annual renewal.

Disputes may be relened to accredited dispute resolution providers, such as the World Intellectual Property Organization (WIPO), or country registrars.

Remedies for IP infringement

IP rights can be enforced through civil remedies, and may involve criminal sanctions. As a final lemetty. flis righthokter can obtain financial compensation for losses caused by infringement by choosing between damages or an account of profits which the defendant made irom the infringement. Other final remedies may include delivery up and destruction of infringing documents, a court order to reveal relevant information, or an injunction. An interim

remedy, that is, a provisional one, may include an interim injunction to stop an infringing activity, a search oilier to look for evidence of infringement, and a freezing injunction to freeze the assets of an alleged infringer before trial.

If there is misrepresentation as to the trade origin of goods leading to damage to the trading goodwill of another person, it may give rise to an action in tort - a civil wrong known as 'passing off.

43.1 Complete the definitions. Look at A and Б opposite to help you.

1 - anything graphic that conveys information, for example numerals, words,

letters, packaging, shape of the goods, etc.

2 - using clear images, lines, characters, musical notation, internationally

recognised colours, etc.

3......................................................... - any sign, represented graphically, which is capable of

distinguishing the goods or services of one business from others

4...................................................................................... - pan of an Internet address indicating rhe type

of organisation or country location

5.......................... — person or organisation rhar interferes with or violates another's rights

6............................ - action whereby a person or business registers a domain name and uses ir in

bad fairh or intends to sell it to those who have a legitimate interest in the name
7......................................................... - a property right associated with tbe attracting of business

custom

8 - a civil action where there has been misrepresentation ol goods

or services leading to damage to the goodwill of a business

9 - court order to stop the movement or sale of assets

10......................................................... - temporary court order until the trial

11 — organisations which offer a service to

investigate complaints and reach decisions

12 - a discretionary remedy available when there

has been infringement of intellectual property, involving the award to the rightholdcr of profits made from the infringement by the defendant

43.2 Replace the underlined words and phrases in this extract from an adverrisement for a short

course for lawyers on trade marks with alternative words and phrases from A and К opposite.

i ' " "

LawyersForum .com

[□Register □Events/Courses Qjobs □Updates

Q Book this event fj] Send to a colleague ^]5ave for later |~~jPrint

Date/time 10 October 2007 10:00 - 17:00

Venue Manchester CPD hours 5

Course description Introduction to trade marks Course level Introductory

Delegates For practitioners with no previous knowledge of this area

Topics covered: ■ Function of trade marks

• Trade marks and (1) product logo recognition

• What is (2) capable of bein g r ecorded; ensuring marks are (3) uninuelv different: marks that are (4) deceptive or contrary to the law

• How to register a trade mark; application to the Trade Mark (5) nffire tor keeping records in the UK; registering a (6) mark valid gvs rv vjhprf: in the EC at the OftIM

• How to oppose the (7) issuing of a trademark by a registry

• How a mark is (8) permitted tor lis p hv others

• Litigation, (9) illegal use of a right, and (10) preten ce t.'ial uuu'K nr busin ess are those uf another

• Relationship between (11) unjgjjBj^eGlSlLaMresse.S and trade marks

• Internet-based resources

f

What types of trade marks may be registered in a jurisdiction you are familiar with? What types of dispute can arise over domain names?

For information on registered European Community Trade Marks (CTM), go to: http://oami.eu.int/; for the World Intellectual Property Organisation (WIPO), go to: www.wipo.int/about-ip/en/; for the Internet Corporation for Assigned Names and Numbers (ICANN), go to: www.ieann.org/.

Information technology law and cybercrime

Computer security

Picter den Bieman, a legal practitioner specialising in information technology, is speaking at a Chamber of Commerce lunch.

Tin sure you'd all agree that the development of information technology and c-commerce has presented exciting business opportunities. However, the increasing sophistication of the systems and applications available to end users has created significant legal challenges to individuals, companies, the legislature, and legal advisers. The technology necessary to access the Internet has also enabled innovative illegal activities. You'll be aware that these include the breach of computer security and unauthorised access ro a computer commonly known as hacking. There's also the distribution of illegally obtained content from databases, as well as virus writing or virus spreading achieved by attacks on insecure servers which lack adequate protection. In the UK, the Computer Misuse Act deals with such illegal use, and also the publication and distribution of material that may be used to aid hacking. Unfortunately, unless you have adequate security systems in place, your business is at risk."

Cybercrime

'There are cybercrimes that may affect you personally such as credit card fraud online, commonly known as credit card scams, and identity (ID) theft, when financial benefit is obtained by deception using stolen personal information. In the USA, fraudsters, as they're known, who use a stolen identity to commit new crimes, may be charged with what's known in the States as aggravated ID theft. The Council of F.urope Cybercrime Treaty, also signed by US and japan, has the aim of international co-operation and mutual assistance in policing.

Other cybercrime may impact on your business. There's cybcrfraud, such as pharming, where users are moved to fake, non-genuine sites, when they try to link to their bona fide bank website. Then there's phishing, when a fraudster, by misrepresentation, gets Internet users ro disclose personal information in reply to spam email sent unsolicited to a large number of people. Internet users can also be tricked into money laundering activities which aid the transfer of illegal or stolen money.'

Note: misrepresentation - making a wrong statement to trick someone into a contract

Data protection

'The way you collect, store, and distribute information that constitutes personal data on identifiable individuals is now subject to Data Protection legislation. If, for example, you ask potential customers to supply their address derails via the web in the process of requesting further information concerning your business, you should also provide the data subject with information about the purpose of collecting the data, the period for which it will be stored, and who will be in receipt of such data. If your web page contains data relating to specific employees, remember that this will be information readily available inrernationally and nationally. You must have rhe consent of the individuals concerned allowing you to make such information available. That consent must be informed and freely given. Care must be taken in the management of personal web servers and server software and clear guidelines given to staff about your Internet policy in order to avoid falling foul of the law, for example the Defamation Act. Finally, in addition to ensuring rhat you don't infringe regulations, vou need to consider how to future-proof contracts you enter into, by considering potential and unknown developments which may affect your business.'

44.1 Make word combinations from A opposite using words from the box.

44.2 Are the following statements true or false? Look at A opposite to help you. Use
appropriate word combinations from 44.1 to explain your answers.

1 People who use computer applications are known as hackers.

2 It's a legal challenge to gain unauthorised access to a database,

3 Secure servers make virus spreading possihlc.

4 Distributing illegally obtained data is a breach of computer security.

44.3 ("omplere the arricle. I.ook at В opposite to help vou. There is more than one possibility
for one of the answers.

Pharming is taking over from plashing

International cybei-c rooks have found a new way to rip off the public

Fraudsters find it surprisingly easy to operate

credit card (1)............................... over the Internet.

(2)........................... tricks consumers into providing

confidential details in response to spam email.
Although banks have been raising public awareness
of the practice by placing warnings on websites, some
customers are still taken in hy spam emails inviting
them to (3)........................... account information.

Hut phishing is no longer as effective as it was, so

(4)......................... have developed (5).............. _____,

which docs not involve spam email and is harder to

detect. The scam redirects users to (6).........................

sites when they try to access their (7)...........................

.......................... bank website. A customer logs on,

normally using the address stored in his or her 'favourites' folder, to what looks like the bank's internet banking site, but the customer is actually redirected to the fraudster's site.

The fraud is no longer limited to bank accounts. Recent examples have had corporate websites cloned to sell non-existent products, or to get consumers to

participate in money (8).............................. activities

while believing they arc dealing with a legitimate organisation.

Whether the fraudsters are using phishing or pharming. criminal prosecution remains difficult, largely because most of the criminals are based outside the territory in which ihe victim resides. Extradition proceedings are difficult and pare, although some national courts may have limited extra-territorial jurisdiction. Phishing legislation may be drafted but the real problem is the cross-border nature of the fraud. The legislation may have no teeth, leaving the perpetrators almost immune from prosecution.

The Times

44.4 Find more formal expressions in С opposite for:

1 a human person about whom data is stored

2 law which governs the use of computer stored information about individuals

3 willing agreement to something on the basis of relevant knowledge

4 to break the law

What problems arc there for the law in defining and stopping hacking? What problems are there in balancing freedom of expression and censorship on the Internet?

To look at Internet Law and Policy Forum, go to: www.ilpf.org/. To look at the Council of Europe Cybercrime convention, go to: ИНр://с01^еп110П5.сое.1п(Ягеа1у/епДгеаties/Htm 1/185.htm. To look at the Computer Misuse Act 1990, go to: www.opsi.gnv.uk/acts/actsi 990/Ukpga_.l 9900018__en_1.htm

Environmental law

A partner has asked her trainee ro draft some notes on environmental law. International environmental law

International environmental law is a fast-developing area affected by scientific discovery and opinion. It encompasses, that is, includes, both international treaties for conventions) incorporated into national law, and international customary law (general practice accepted as law), These constitute the law that nation states are obliged to follow or otherwise suffer sanctions from the international legal community. There is also international diplomacy and non-binding instruments which create guiding principles, such as the 1972 Stockholm Declaration and the 1902 Rio Declaration.

The main principles framed in international environmental law are:

• polluter pays principle - the cost of damage is carried by the party responsible

• precautionary principle - to act carefully where knowledge is not certain

■ sustainable development principle - to act in the best interest of future generations

■ environment impact assessment principle - to use rational planning before carrying out changes to the environment and to consider the costs of ecological effects

• common but differentiated responsibility principle - for countries to have shared but different responsibilities for the environment

National environmental law

The critical issues of implementation, monitoring, compliance, and enforcement have to be addressed within leaal frameworks. The current impetus to protect the environment at a as well as a local level means that domestic law in this area has an important interaction with international law. Many jurisdictions have a body of pollution control laws as well as tcwn and country planning law. In the Uls, planning law consists of: a reaulatory mechanism with a developed process of application for and grant of permission; attaching conditions to development; a system of appeal; rights of public access to information: and rights of public participation.

Planning law has also been used to pursue environmental objectives with the control of development and \and through statutory regulations, for example the Wildlife and Countryside Act 1961 and Planning (Listed Buildings and Conservation Areas) Regulations 1990.

Note: listed building - building of special historic interest protected from development and demolition Application of environmental law

Statutory regulation and the role of the various institutions and procedures of legal regulation are frequently complex. The advice of a legal specialist is essential. Due to the potential extent of environmental protection there can be implications for a wide range of transactions and industries. Given that environmental liability can have significant financial Implications, such as damages or injunctions, or may even result in criminal prosecutions, lawyers dealing in property transactions or the acquisition of a business will wish to ensure that:

• the due diligence process encompasses a review of any relevant environmental licences:» relevant audits are instructed:

• and details of any potential, current, or pending enforcement proceedings involving environmental issues are disclosed.

In other circumstances, a client personally affected by pollution or environmental damage may wish to take civil action in tort to remedy the situation.

Note: due diligence - investigation of legal title and company documentation

45.1 Complete the sentences with rhe principles of environmental law listed in A opposite.

1 If you aim to meet the needs of rhe present without making ir difficult or impossible to meet
the needs of rhe future, this is known as the.................................................................................................

2 If you make the individual or the organisation that caused the environmental damage cover
the cost, this is known as the...........................................................................................

3 When all countries are expected to make a contribution to environmental protection, but
according to their circumstances, this is known as the................................................................................................

4 If you act to protect the environment in the case of serious harm, even though clear scientific
proof of damage is not yet available, this is known as the...........................................................................................

5 If you evaluate the suitability and implications of the planned development of land, this is
known as the.......................................................................................

45.2 A lawyer is writing ro a colleague about international environmental law. Replace the underlined
words and phrases with words from А, В and С opposire. There is more than one possibility for
two of the answers.

From: j.assad@aldfieldslaw.co.uk

To: czurbaPoldfieldslaw.co.uk

Subject: international environmental lav

Cassandra,

You said you were interested in getting an overview of international environmental law, You could take a look at Principles of International Environmental Law. It's a reasonably comprehensive reference book on regulations relating to environmental (1) defence and the conservation of natural resources. It covers the Institutional and legal (2) structure, the (3) written and signed legal agreements between countries, customary law, and all the new case law, as well as issues like (4) agreement to carry out what is ordered, implementation, (5) ensuring that the law is obeyed, and dispute settlement. There's a breadth of topics: conservation of biological diversity, genetically modified organisms, (6) damage through conta mination control, hazardous substances and activities, waste management and disposal, the Kyoto Protocol, and techniques for the (7) fjjjfil.rnerit of principles and rules such as environmental impact assessment, liability, and compensation for environmental (8) harm.

45.3 bind words or phrases in A, R and С opposite rbar can be used to make word combinations with rhe words or phrases below.

1 review environmental.................................

2 instruct..............................

3 disclose proceedings involving....................................

4 suffer............................

5 attach.............................

Over +o tpu

What scope is there for legal intervention in environmental problems in a jurisdiction you are familiar with?

For useful links to environmental sites, go to: www.elflaw.org/links.php

For European Environmental Law updates on cases, go to: www.eel.nl/. For the United

Nations UNEP conventions and treaties, go to: www.un.org/.

Answer key

1 Criminal law

2 Public law

3 Procedural law

4 Civil law

5 Substantive law

1.2

1 head of state 4 jurisdiction

2 houses/chambers 5 authority

3 hierarchy 6 conventions

1.3

1 legislature

2 accede

3 procedural

2.1 1 pass/enact 4 repeal

2 enact/pass 5 codify

3 amend/update 6 consolidate

2.2 1 statutory instrument 3 pressure groups

2 bye-law 4 scrutinising the provisions

2.3 1 Bill 4 enshrines 7 drafting

2 submitted/introduced/proposed 5 approved 8 undertaken

3 debated 6 re-presented 9 proposc/introducc/submit

3.2

1 binding

2 applicable

3 citation

4 persuasive

5 Magistrates' Court 5 leapfrog

6 Instance G Appeal

7 Division 7 House

8 High Court of justice

1c, 2e, 3d, 4a, 5b 1 Appeal/Appellate с appeal

3 claimant

4 hear/trv

b tried/heard

1 warrant of arrest 2 indictment 3 summons

criminal proceedings; realistic prospect: defence costs; reasonable doubt; guilty plea; reduced sentence; severe penalties; indictable offences

1 realistic prospect 3 indictable offences 5 defence costs

2 reasonable doubt 4 severe penalties

1 detained 5 sentence/penalty

2 acquitted 6 apprehend

3 appears 7 bail

4 charge

f, d, g, a, c, e. b

1 inspection 5 disclosure

2 counterclaim 6 witness statement

3 form of defence 7 practice directions

4 claim form (formerly known as a 'wrir of summons' or a 'summons')

admit a claim; agree to a stay; allocate ro a regime; enforce the judgment; file a reply; issue a claim; review the process; serve a claim on; set a timetable; settle differences

1 Normally rhe claimant issues a claim and it is served on the defendant.

2 The defendant must file a reply, wherher it is a defence, an admission, or a request for a time extension.

3 Ask the court to agree to a stay (in proceedings).

4 To give parties an Opportunity то review the process and make decisions.

5 The claimant can enforce the judgment in the Magistrates' Courts,

7.1

1 unfair dismissal

2 defend

3 respondent

4 claimant

5 government agency

6 withdrawn

7 borne by

8 broker a settlement

9 parlies

10 witness statements

11 address

12 refer to

8.1

formerly known as; generally called; referred to as; also known as; defined as
1 generally called 3 defined as

2 formerly known as

4 also known as / referred to as

8.2

internal frontiers free

movement services

6 provisions

7 Treaty

8 States

9 measures 10 obligations

11 Community

12 regulation

13 application

14 enfirety

15 applicable

16 directive

17 Member

8.3

9.1

1 true

2 false - community rules take precedence. Community law has supremacy over national law.

3 false - the Common Customs Tariff applies to all goods imported into the EU from countries outside rhe Community like Japan and the USA.

4 true

1 conveyancing; draw up/draft

2 advocacy; right of audience: appear

3 solicitor; barrister

9.3 1 degree 5 secondment

2 placement 6 trained

3 practice/firm/partnership 7 specialise

4 graduated 8 corporates

10.1 1c, 2a, 3b, 4c, 5g, 6d, 7f

10.2 1 conversion course 7 pupillages

2 Bar Vocational Course 8 tenancy

3 chambers 9 advocacy

4 pupil master 10 exercise rights of audience ('practise' is also possible)

5 shadow 11 senior barrister

6 docufnent/pleading/(an) opinion

11.1 best interests; all parties meeting; chargeable work; comprehensive notes; terms agreed;
fee earner

1 best interests 3 terms agreed

2 all parties meeting 4 chargeable work

11.2 a significant proportion of a large part of

a substantial amount of

11.3 1 sound files with the minutes on 5 type them up

2 copying everyone In / circulating them by email 6 get back to them

3 gerring a hard copy of 7 get on

4 marks up

12.1 1 District Judge (Magistrates' Court) 3 Lord of Appeal in Ordinarv
2 Circuit Judge 4 L.ore! Jusrice of Appeal

12.2 1 the Bench 2 the Judiciary 3 the judicial office 4 penal establishment

12.3 1 suspended 4 undertaking

2 imprisonment 5 injunction

3 applicant 6 interim injunction

13.1 1 provides/offers 4 contains/includes/comprises

2 includes/comprises 5 led by / headed up (by)

3 incorporates/comprises

1 3.2 draw on / have relevant expertise; have exclusive access; have / draw on extensive experience; provide a comprehensive service; make significant investment; resource specialist knowledge

1 has extensive experience 4 resource specialist knowledge

2 made significant investment 5 provide a comprehensive service

3 draw on relevant expertise

13.3 1 personnel 4 transfer know-how

2 submit a tender 5 measure outputs

3 professional indemnity cover

4.1 1 office manual / department manual (or just 'manual') 4 indemnity insurance premium

2 precedent letters 5 external auditor

3 disbursements

1 4.2 In л client care letter you should...

a -... refer to the matter on which you are instrucred to act...

b -... (refer to) the agreed target timescale, such as there is.

с -... inform the client of who will be undertaking work for them...

d -... give the name of the person with overall responsibility for conduct of the matter.

e -... provide a fee estimate for work by staff and should also give the details of any

anticipated disbursements, such as court fees, search fees, and other costs. If it isn't possible to give a quote at the outset of a matter you may, for example, suggest that vou obtain their apprtwal before undertaking any work in excess of an agreed limit.

f -... agree to provide an estimate ar rhe earliest opportunity.

14.3 1c, 2d, 3c. 4a, 5b

1 5.1 1 money laundering

2 one-off transaction

3 forestalling

1 5.2 1 comply with

2 Proceeds of

3 acr for another person

4 contravening

5 fine

16.1 1c. 2d. 3f. 4e, 5a, 5b

4 as soon as is reasonably practicable

5 exercised all due diligence

6 disclosures

6 took all reasonable steps

7 exercised all due diligence

8 forestalling

9 disclosure
10 suspect

11 aware

12 satisfactory evidence

13 nominated

14 transaction

16.2 2 Ellipsis -... relating to the above (Project horv, Target Compauv - Franklin Red Limited)

3 Substitution of 'this aspect' for 'conditions to which Completion will be subject'

4 Ellipsis -... read the enclosed (Heads of Terms) carefully...

5 Substitution of 'the same' for 'the enclosed' Heads of Terms

1 6.3 1 true -... enclosed hod the further amended Heads of Terms...

2 true - You will see that I have left this aspect as originally drafted for rhe time being.

3 false - As previously discussed, you will let mc have further instructions...

4 false - I should be grateful if \ou could read the enclosed carcfullv and confirm that you are happy with the same,

1 6.4 1 I am pleased to enclose / Please find enclosed

2 previously discussed

3 please let me know if vou have anv particular concerns / please let me know if we can be of further assistance / if you have any questions, please do not hesitate to give me a call

4 I should/would be grateful if vou could

5 1 look forward to hearing from you (shortly / as soon as possible) / I look forward to our meeting

1 7.1 You wanted me to give you an outline of the stages in getting proprietary rights. First, consider submitting an application to the patent office in the research phase. Before that happens, don't publicly disclose the invention because this might be interpreted as prior publication. Next, I Then. I The next step is to I After that, think about using the services of a registered patent agent to help prepare the specUication (the legal document! required by the patent office. Once that's been done, I Next, I Then, I The next step is to complete the form 'Request for grant of patent". After that, I Next, I Then, I Once that's herm done, take or send the documents to the patent office. Finally, the patent office decides whether the invention fulfils specific conditions before it grants a patent.

1 7.2 1 equivalent to / the same as

2 differs from

3 referred to as / called / known as

4 comparable to / similar to / like

5 is (very) different from / differs from

1 7.3 1 in other words

2 that is

3 Let me explain further / Let me put it another way

4 Could I (just) clarify that / So, if I've understood you correctlv, / So, if 1 may (just) check I've got this right,

1 8.1 1 This Agreement ' and the benefits and advantages ' herein ' contained are personal to each Member ¹ and shall ⁴ not be sold, assigned or transferred " by the Member. ¹

2 Lessor ^{1, ?i fi} shall "* not be liable for loss of or damage to any property left, st ored, or transported " by Hirer ¹ or any other person in or upon ² Vehicle ' either before or after the return thereof ro Lessor ¹- -\ Hirer hereby - agrees to hold ² Lessor ^1, -¹ harmless from ², and indemnify ' Lessor ¹ ■¹ against all claims based on or aris ing out of ~ such loss or damage unless caused by the negligence of Lessor. ^{L 5}' ■

3 Title ³ to property in the goods shall ⁴ remain vested in ² the Company ^1,6 1 notwithstanding -' the delivery of the same to the Customer ¹'⁶) until the price of the Goods ' comprised in the contract and all other motley due from the Customer ¹'^f' ro the Company ¹ on any other account has been paid in full.'

¹ using capital letters to signal important or defined terms

- using legal jargon, including the use of pairs of words or triplets

³ using old-fashioned words not much in general use

⁴ the specific use of the modal verb 'shall' to impose an obligation or duty on someone ^s using technical rerms

'' avoiding personal pronouns

' using long sentences with little punctuation

a Membership

b liable; loss; property; vehicle; arises ('results' is also possible); negligence e goods; paying

1 8.2 If, 2d,3a.4g, 5b, 6c, 7e

19.1 Ii, 2g, 3h. 4f, 5b, 6a, 7c, 8e, 9d

1 trading vehicle / trading entity 5 general a duration

с Partnership Agreement d expelled from e exemption

f jointly and severally liable g bankrupt h sole trader

1 9.2 Registrar of Companies; minimum authorised capital; securir; over personal assets; guarantee the obligations; raise share capital; legal entity; Public Limited Company

1 security over personal assets

2 Public Limited Company

3 Registrar of Companies

20.1 1 formation agent / registration agent

2 transferred

3 registered company

4 minimum authorised (shate! capital

5 to raise share capital

4 trading name

5 Company Secretary

6 Incorporation

20.2 1 LlMl'lVD 2 ARTICLES

3 registered office

4 objects

5 mortgag

6 liability 7 capital

21.1 1c, 2e, 3a, 4b, 5d

a allot/allocate

b member of the company

с nominal capital

d share certificate

e issuing

21.2 declare a dividend; defer payment; exercise the right; issue at a premium; vote on a resolution

1 vote on; resolution 4 deter payment

2 declare; a dividend 5 issue; ar a premium

3 exercise the right

22.1 1 a floating charge

2 a fixed charge

3 a debenture

4 security

5 a mortgage

22.3

23.1

23.2

1 He appears to be disqualified. Because he is over 70 a general meeting of the members would need to agree to waive the age requirement. He may also be an undischarged bankrupt in which case the court would need to give leave.

2 The company may be charged a late filing penalty, The directors have committed a criminal offence. This may result in a fine and a criminal record. If this happens again, they may he disqualified from holding the office of director.

3 The Registrar of Companies may strike Monocles Ltd off the register and dissolve the company. The company's assets may become the property of the Crown.

te, 2d, 3b, 4a, 5c a comply with

b provided notice of; statutory form(s) с served; minutes

d hled/dclivered/sLtbmitted; within (... months of) the accounting reference date / within the

requisite period e delivered/suhmirted

24.1 1 creditor 2 insolvent

3 unsecured

4 preferential

5 realise

6 discharge

24.2

1a shareholders or members

lb company directors

1c a creditor or company directors

1d a charge holder or company directors

2 by filing a notice at court

3 by petitioning the court

4 it crystallises / crystallisation

5 it's a going concern

6 winding up or liquidation

7 solvent

24.3

1 on

2 of

3 out

4 with

5 ot

6 as

7 in

8 to

25.1

25.2 1 parties
2 party

25.3 1 referral

2 mediation

3 resolved

4 dispute

3 mediator

4 resolving

5 referred

6 Contractor

settlement

7 Agreement

8 resolution

25.4

26.1

1 false - arbitration is a formal and binding process.

2 false - the online mediator passes email responses between parties online.

3 false - adjudication is commonly used to resolve construction disputes.

4 false - the defendant and the claimant are respective parties. The mediator is an independent third parry.

1 notify 4 profits 7 instalments

2 cooperative 5 due date 8 income

3 stipulated 6 gains 9 exceed / be in excess of

26.2

1 chargeable

2 Return (or declaration!

3 due

4 relief

5 exemption

6 bill

7 benefits/efficiency

8 efficiency/benefits

28.1 28.2

1 a monetary penalty 2 an adverse effect 3, agreed undertakings

5 warchdog (the OFT)

6 refer

7 rivals/competitors

8 investigation

28.3

29.1 29.2

l d - selling popular products below cost price to put pressure on smaller competitors 2b- erecting barriers to keep out new players; e - acquiring development sites to prevent a rival opening a store

3b- move into convenience stores could distort competition; d - stores' increasing buying power, which they can use ro drive down the prices paid to suppliers

3 damage

4 claimant/plaintiff

29.3

1 injury

2 sustained/suffered

3 undergoing

4 suffered/sustained

5 earnings

6 owes ('has' is also possible;

7 care

8 admitred

9 claim

1 0 negligence

ЗОЛ

1 porential claim

2 adversely

3 impartial opinion

4 a causal link / causation

5 pursue a claim / bring a claim

6 likely

7 on a conditional fee basis / on a no win no fee basis / on a contingency basis (AmE)

8 In the case m point

30.2

1 gives

2 explores

3 obrains

4 prepares

5 keeps

6 agrees

7 pursue

8 affected

9 bring

30.3 Note: T he direcr object (for example, 'the claim'} normally comes before rhe agent (for example, 'the firm").

2 The claim is explored by the firm.

3 The client's medical records are obtained by the solicitor.

4 A report is prepared by an independent expert.

5 A register of experts is kept by rhe department.

6 A payment schedule is agreed with the client by the firm.

7 The claim is pursued on a conditional fee basis.

8 The outcome for the patient has been adversely affected by rhe action of the defendant.

9 The claim must be brought by the claimant within the limitation period.

31.1 1 hire agreement/contract 4 lease

2 service agreement/con tract 5 loan agreement/contract

3 hire purchase agreement/contract

31.2 contrary evidence; counter offer; conditions of sale; rebuttal presumption; avoid uncertainty; essential terms; contracting parties; qualified acceptance; subject to contract

31.3 1 An English court is likely to find that no contract was formed. There had been no final

unqualified agreement on all the elements of the contract, such as consideration (for example a price) or essential terms (such as delivery). The agreement was vague. There was uncertainty.

2 Helena had become a shareholder. The contract was formed at the time of posting, when acceptance was sent by the offeree, even though the letter in which acceptance was communicated was not actually received. This is the postal acceptance rule.

3 The agreement was legally binding if there was no contrary evidence. There was intention to create legal relations.

32.1

32.2

1 authority/capacity

2 (made) in writing

3 have effect / be effective

3 barred

4 consented

4 (formally) executed

5 enforceable

6 standard wording

5 set aside (> implied

7 required

32.3

33.1

1 date of occurrence of the cause of action

2 limitation period

3 lapse of time

1 Definitions

2 Consideration

3 Recitals (also known as Background or Preamble)

4 Commencement and Date; Parties

5 Interpretation

6 Conditions precedent

7 Operative provisions (referring to those "therein" rhe Schedules)

8 Opera the provisions

33,2

1 Irrespective of / Despite

2 hereby

3 concerning

4 In the absence of

5 vice versa

34.1 1 Where

2 defective/fa idty/damaged

3 repair

4 at its sole discretion

5 replace

6 within

7 date of delivery

8 subject to 9 conditions

9 defects

10 due to

11 faulty

34.2 34.3

34.4 34.5

35.1

35.2

35.3 36.1

36.2 36.3

'stipulate' does not collocate with 'a contract' or 'the contract"; 'stipulate terms/conditions' or 'stipulate a term/condition'

1 warranty

2 damages

3 stipulates

4 implied under statute

1 be under no liability / not be liable 4 dutv

2 whatsoever 5 damage

3 negligence 6 consequential

1 outside their (the Company's) reasonable control

2 of the essence

3 assigned; prior written consent

2 5

1 agent (on behalf of his principal)

2 third party

3 privirv of conrract

4 novation

5 express provision

1 released; contractual obligations

2 defective performance

3 been committed

4 substantially performed

1 rescinded

2 (their) discretion

Profession of English in Use Low

37.1

37.2 38.1

enrer into trans ясно lis; produce uniformity; reduce the need for; reflect die aims of; subject to legal restrictions; terms favourable to; use standard terms: conflict with legal developments

1 subject to legal restrictions 3 reduce the need for

2 use standard terms 4 reflect the aims of

3 exclusion

4 incorporated

Note: It is a convention of written contracts that terms defined within the contract may have an initial capital letter,

6 Licence Agreement / Licensing Agreement

7 under the terms

8 multiple; granted

9 protected by copyright law 10 enforced

38.2

39.1 39.2

39.3 40.1

40.2

1 clause

2 Landlord

3 Break Date

4 Terminate

1 purchaser

2 rescind

3 sale agreement

4 exchange

3 under-tenant

4 consent (to the assignment)

5 rent review

5 Tenant

6 serving notice

7 assignment

5 sale memorandum

6 seller

7 completion date с Title

5 incorporated

6 pre-contract enquiries

7 negotiated

8 form of contract

40.3 First of ail, terms are negotiated by seller and purchaser; then usually the purchaser considers searches and the seller is asked to provide replies to pre-contract enquiries. After that, a sale agreement is drafted by the seller's solicitor and Standard Conditions can he incorporated into the contract; then it's necessary that the form of contract is agreed by both parties and finally the parties exchange contracts once all terms are agreed. However parties may rescind the contract in the event that the conditions have not been achieved.

41.1 employment tribunal; collective bargaining; labour relations; employment particulars; time off; sick pay; fixed term; trade union

1 sick pay 4 employment tribunal

2 fixed term 5 employment particulars

3 trade union 6 collective bargaining

41.2 1 giving notice / notice of termination of employment

2 restrictive covenant

3 made redundant

4 dismissal

5 grievance procedure

6 variation of contract

41.3 41.4

1 constructive dismissal 2 summary dismissal 3 unfair dismissal

4 non-restrictive

5 unfair

6 non-sratutorv

42.1

1 terri'torial

2 o'riginal

3 intellectual

4 industrial

5 'patentable

6 'novel

42.2 copyright owner; copyright protection; copyright arises; copyright symbol

1 owner 2 protection 3 arises

42.3 1 copyright 4 tangible form 7 inventive step (AmE: non-obvious)

2 automatic right 5 entitlement 8 novel

3 assignment 6 filing date 9 patentable

42.4 1 exclusive rights 2 the right to exclude

43.1 1 sign

2 graphically

3 trade mark

4 top level domain / TLD

5 infringer

6 cybersquatting (also known as 'net name piracy'}

43.2 1 brand 7 granting

2 registrable 8 licensed

3 distinctive 9 infringement

4 misleading 10 passing off

5 Registry 11 domain names

6 Communitv Trade Mark- / CTM

44.1 N'orc: Other common word combinations not shown in text A are in brackets.

breach of computer security {also breach of security); illegally obtained; adequate security (,j!so adequate computer security]; virus spreading; insecure servers; computer misuse; unauthorised access (also unauthorised activities and unauthorised users); legal challenges; end users falsa legal/illegal users); illegal activities {also illegal access)

44.2

1 false - People who use computer applications are known as end users.

2 false - it's computer misuse / a breach of computer sccuritv to gain unauthorised access to a database.

3 false - Insecure servers make virus spreading possible. Secure servers make virus spreading more difficult.

4 true

44,3

44.4 45.1

45.2 45.3

1 scams/fraud

2 phishing

3 disclose

4 fraudsters

1 data subject

2 Data Protection legislation

1 protection

2 framework/frameworks

3 treaties/conventions

4 compliance

1 licences

2 audits

3 environmental issues

3 consent must be informed and freely given

4 infringe regulations

5 enforcement

6 pollution

7 implementation

8 damage

4 sanctions

5 conditions

Index

The numbers in the index are Unit numbers, not page numbers.

abide by /a'baid bat' 1~ (die) above /э'Ьлу/ 16 (the) above-named

/s'bAv'neimd/ 16 abuse of a dominant position

'3,bju:s ov о.dom.i.nsnt

ps'ziJW 28 accept the offer. sk'scpt di

,оЕ,э^г/ 27, 31 acceptance /эк'sen Л'nisi

31, 37

accession to /ak'scf.^n tu:' 1, 8

accord and satisfaction

/a,ko:d n sajt.is'faek.J'n/ 36 account of profits O.kaunt 3v

'prnf.ils/ 43 accounting period /э'каоп.ип.

,pi3-ri.3d/ 26 accounting reference date

/a.kaun.trrj 'ref.'Y.anis,deitV

20, 23 accounts fo'kaunts/ 23 accreditation /s.kred.t'teij/n,'

accredited registrar

s.kred.i.ttd 'redj.i.stru:^

(the) accused /a'kjutzd/ S acknowledgement of service

form '3k.nnl.1d5.man! av

'S3:.vis 1э:т/ 6 acquire /э'кйтэ'/ 27 acquiring company

'a'kwaia.nn,клт.рз.т/ 27 acquisitions 1 ^k.wi'zij.'nz/

9, 27

acquitted /s'kwi.iid' 5

act for РшЗаХ fo:V 14, 15, 34

act of fxki ov' f4

action brought under a deed

,sek.fn.Ьгз'Л,.\n.dw s

'di:dV32 action for misrepresentation

г.жк.Гт fx

mis.rep.ri.zen'lci.J^n/ 34 action in tort.жк.Гп tn 'to:t.^;

43, 45

acrion points Лек. Г""п.paints' 11

Act xlU 2

ad hoc i.aed'flok 18

address the Tribunal,a,dres eb

irai'bjmnal 7 adequate security systems

,aed.3-kw34 si'kjto.n.ti

.sis.tsmz.' 44 adhere to ЫЧнэ tu:/ 6 adjudication a.djm.di'kei. f^n

adjudicator /o'djui.dt.kei.ta¹'

administrative receiver (AR) /od.min.i.stra.ttv n'sh.vs'/

administrator

''sd'min.i.strei.io'/ 24 admit liability /od.mil

lai.o'bil.i.ti/ 29 admit the claim /od'mit

.kleinV 6 admitted to the Bar:'od,mi-tld

1эоэ'Ьи:7 9 adversarial /,:ed.v3'seo.ri.ol/ 5 adverse effect /,a?d.v3is i'fekt/

adversely affecr /,aed.v3T,s|i

3'fekt/ 30 advocacy /'ied.vs.ks.si/ 9 advocacy training

/'a?d.v3.k3,si.trei.ntn/ 10 affected by /3'fek.tid bat/ 37 affidavit /,a?f.3'dei.vtt/ 18 affixed with /a'ftkst wtcV 32 agent /'ei.d^nt/ 36 (the) aforemenrioned

/o'f3:,men.tp'nd' 18 aggravated ID theft

/.ieg.ro.vei.tid,ardi:,fleft

aggrieved parry /a'gri:vd

,rxi:.tL'' 28 agree a payment schedule

/э,дп: э 'pci.mont Jed.ju:!/

agree a stay in proceedings

/з,дп: д,stei in

prso'sh.dinz/ 6 agree as follows fe.gri: oz

'fnl.auz/ 33 agree the form of contact

fa.gii: йэ fbiia sv

'knn.traskt/ 40 agreed limit /o,Cjri:d 'lim.il/ 14 agreed rarger timescale /з.дгЫ

,tu:.git 'tajm.sketl 14 agreement 3'gri:.m.-»nt/ 25, 32 agreement to be effective з,дп:.тэп1 Хэ Ы: I'fek.rrv

alibi 'sel.i.bai 5

allow /э'кш/ 38

all parries meeting /,o;I,pa:.tiz

'mi:.tin; 11 alleged з Int^d 4 alleged infringer /s.ledjd

m'ffrndjs''' 4? alleged offence sjed^d

a'fenis/ 5 allocated/'a:l.3.ket.tid/ 6,21 allotment of shares /sjnt.mailt

3v 'Jeaz/ 20, 21 also known as /'oil.sao,пэоп

Е67/ 8

alternative dispute resolution

(ADR) /nl,t3:.n3.ttv

'dis.pju:t.rez.alut.fn/ 25 amend legislation /s.mend

Icds.t'slet.fn/ 2 amended /э'теп.did/ 16 annual general meeting

(AGiVl) /,am.ju.3l ^зепЛЛ

'mi:,tin/ 21 annual rerarn /.ten.ju.ol

пЧз:п/ 23 annually/'am.ju.s.li/ 13 anti-competitive agreements

ten.ti.kam,pet.i.iiv

э'дп:.moots/ 28 anti-competitive behaviour

/am.ti.kam.petj.ltv

bt'hei.vja¹/ 28 anti-competitive

concentrations

/asn.ti.kam.pet.Utv

,knnt.s'Vtret. J^nz/ 27 anti-competitive conduct

/am.ti.kam.pet.i.tiv

'k3nd,\kt/28 anri-competitive practices

.>a.-n.ti.k3m,pct.i.tiv

'prcek.tt.siz/ 28 anticipated disbursements

/ten.tis.i.pei.tid

dts'b3:.s.m3nts.'' 14 antitrust law /Een.ti'tr.vst,b;/

antitrust regulators.am.ti'trASl,reg.jo,let.i3z/

apart from /э'роп. from/ 16 appeal against,3'phl a.gentst/

appeal bearing o'pi:l.hiS.rin/

appear in court /3,pi3r in 'кз:г

appellant /э'рекэт/ 4 appellate jurisdiction /з,р.э1э(

dsos.ns'dik.fm/ 4 applicable /э'рЬк.э.Ы 3 applicant "эгр.Ь.кэт 12 application гер.Ь'кег/'п

3, 12 applied 'э-plaid/ 3 apply tor leave ro appeal.

3,plai fo,U;v tu 3'pid 4 appoint 'з'р.-чт 1

apprehend/,a.'p.ri'iiend/ 5 approach/о'praotJV 17 appropriate measures

/a'prau.pri.at,mc3.oz/ 15 appropriated

/o'proo.pri.ci.tid/ 22 approval/a'prui-v³!/ 14 approve/a'pru:v/ 2 approximating

/o'prok.si.mci.liri/ 17 arbitration /ai.bi'tret.Jm/ 25 arbitrator fa:.bt.trei.ta7 25 arise/э'гагг/ 40,42,43 Articles of Incorporation

/,u:.ti.kl.Z3V

т.ко:.р³г'с-1.Гп/ 20 as a result of /ffiz а п'глк nv/

as far as... is concerned /a?z

,fu:r sz... tz kan's3:nd/ 14 as soon as reasonably

practicable tez,su:n ж/.

,ri:.z^L"n.3.bli 'рггек.и.кэ.Ы/

as well as /av. 'wel tC/J 14 aspect /'zes.pekt/ 15 Assembly (Welsh, Northern

Ireland} /a'sem.bli/ 1 assets/'ass.els/ 22,23 assign a lease /a.sam o'li:s/ 39 assign commercial rights to

/o.sam kan.triek.tju.^l 'raits

tu:/ 35 assign obligations/,asam

nb.li'gei.r°nz/ 36 assignment /o'sam.mont/ 36,

assignment clause/a'sain.mant

,kb:z/ 35 association/a.sao.si'ci.J^n/ 26 at a discount /ж! э 'dis.kaont/

at a premium /a:t a

'prh.mi.am/ 21 at completion /гм kam'pli:_/³n/

at its sole discretion /ам its

,ssoI аг\кге.Г.^эп/ 34 at the earliest opportunity Ixl

di.at.liast op.a'tju:.n3.ti/

ar the outset IxX di 'aul.set/

14, 30 attach conditions (to

development! /a,ta;tf

kan'dij.'nz/ 45 attaching to /a'tastfin \u-J 35 attributable to /.Vlrib.ju.ta.bt

tu:/ 35

attributed to /a'trib.jo.tid tu:/

auction/'o:k.J°n/ il audit/'o;.dit/ 45 authorised licensor /,o:.Gar.aizd 'lai.sants.otr/ 38 authorised bv /'m.tPr.aizd hat/ 1

authorised share capital /₁o:.0^:r.aizd 'J"eo _rkam.i.t"l/ 20

authorised use /.oi.O'V.aizd

'juis/ 43 authority to act /э:,0ог.1.И tu

'a?kt/ 32 automatic right /,o:.to.miet.lk

'rait/ 42 avoid uncertainty /a,void

An'sai.tm.ti/ 31 avoided/o'vai.did/ 32 award damages/3,wn;d

'da;m.i.d3iz/ 29 Bachelor of 1 aws (I.LB)

/,Ьж1ГД.огэу'Ь^ 10 background /'bask.graund/ 33 badge of origin /,Ьах1з 3V

'Dr.i.dgrn/ 43 bail /beil/ 5

balance sheet /'bad.mts Ji:t/

bankrupt /'Ьжд.кглр!/ 19, 23 Bar Council /'bo:.kaonl-s^l/ III

bar from /'bo: from/ 32 Bar Vocational Course (BVC)

/,bu: vao'kei.fn.³!,ko:s/ 10 bargaining power /'ba: gr.nm.

,paoo7 35 barriers ro competition

/.bter.haz la kDin.ps'tiJV'n/

barrister/'btcr.i.staV 9, 10 battle of rhe forms /,ba:t.l 3v