Examples of Leading Counsel in a sentence
Further legal assurance has been provided by obtaining the legally privileged opinions of Leading Counsel (QCs) on the FCA authorisation and procurement law aspects.
VR v Exotix & CVISuccessfully acted as Leading Counsel in a substantial Commercial Court trial relating to Loan Market Association (LMA) trading in a Ukrainian steel manufacturer.
Given the willingness of the courts to interpret various statutory requirements for writing to include the situation where a document is represented on a screen and executed with an electronic signature, in the opinion of Leading Counsel and the JWP, the approach outlined above would apply in respect of deeds.
The JWP has obtained legal advice from Leading Counsel (Mark Hapgood QC) on the use of electronic signatures as a valid method of executing documents.
This legal review was undertaken by Osborne Clarke, and included obtaining a legally privileged opinion from Leading Counsel (a QC) who specialises in procurement law.
As a result of developments in case law and Working Time Directive Legislation, the London Government Employers have sought Leading Counsel opinion on whether teachers taking maternity leave continue to accrue rights to annual leave whilst on maternity leave.
Leading Counsel has advised that, if the authenticity of a document signed using an electronic signature were to be challenged, an English court would accept the document bearing the electronic signature as prima facie evidence that the document was authentic and, unless the opponent adduced some evidence to the contrary, that would be sufficient to deal with the challenge.
However, in the opinion of Leading Counsel and the JWP, the fact that an SI has not been enacted under the ECA 2000 in respect of a particular statutory provision imposing an execution formality does not mean that a contract subject to such provision cannot be executed using an electronic signature (and this is supported by the eIDAS Regulation).
This legal review was undertaken by Osborne Clarke, and included obtaining an opinion from Leading Counsel (a QC) who specialises in FCA regulatorylaw.
The procurement process as a whole has been subjected to full comprehensive legal advice, including that of Leading Counsel.