The Importance of Currie v. Misa in Contract Law
If you are studying ILSPA’s Legal Secretaries Diploma course, you will be familiar with the elements of offer, acceptance and intention in regards to contracts. Whilst these elements of the law of contract should make perfect sense to you, the elements of consideration might be a little trickier to understand.
For many centuries, the English legal system struggled to produce a clear definition for the contractual element of consideration. However, towards the end of the nineteenth century, the case of Currie v. Misa (1875) LR 10 Ex 153 came along and allowed Lush J to define consideration in the following way:

The idea of being able to study a complete course from the comfort of your own home certainly sounds like an attractive proposition for many people. It allows you to enrol for courses that do not offer classes in your area, study at your own pace and fit your work around your existing commitments, to name but a few of the benefits. However, this style of learning may require many students to rethink their study methods and mind-set, especially if they are new to the concept. This is why we have produced a list of 10 top tips to help you with your distance learning and hopefully achieve a good grade.
Which category do you fall under?
Off the top of your head, what’s the best thing about the internet? Is it that you’re able to see as well as talk to friends and family members on the other side of the world? Is it that you can listen at any time of the day or night to practically any music track you can think of? Or is it simply that you’re never more than a minute away from a really cute cat video?
Before you commenced your studies through
Planning to get involved
If you have been at all concerned about the number of job vacancies that are potentially available to you upon successful completion of your
As of July 2016, the old CON29R form was replaced by the new CON29. But what is the difference between the two forms, and what does it mean for those who are using them? There is certainly a wealth of information that anyone working with the CON29R should be familiar with – especially when considering there are thirty more questions on the new form!
It has recently been announced that Sir Terence Etherton will become Master of the Rolls this month, and that got me thinking: how have we acquired these uniquely titled legal positions? Of course, answering this question took a little delving back into history, but the results highlighted long-held traditions and even ancient practices.
Having originally worked as a PA and Office Manager, I’ve been a freelance Virtual Assistant (VA) for just over three years now and I absolutely love it. Whether you are a PA in the legal sector or elsewhere, there are huge opportunities if you’re thinking of going freelance.
If the vast majority of people were asked whether or not a formal contract could be amended simply by way of an oral agreement, they would probably reply with an emphatic “no”. After all, most people who do not claim to hold any legal knowledge will have heard that an oral contract is not worth the paper it’s written on. However, those of us who understand the basics of this law of obligation may well come to a different conclusion.
Have you been inspired by any of the ideas in our article about useful training courses, but think that you can’t manage to fit another commitment into your life? Don’t be discouraged! Continuing professional development is worth it. Here are some practical tips and ideas that will help you study as well as work.
Developing good study skills is part of what the Institute tries to help every student learn when completing
An Audio Typist is a professional who specialises in transcribing documents from an audio source which they listen to. Audio typing is a valued ability to gain for those wishing to improve their professional skills as a Legal Secretary. There are a number of jobs which list audio typing as a stipulation, and although it not a skill that is always required, it will enable you to welcome better job prospects.
September is the beginning of the new academic year, and you may have been helping relatives or friends prepare for it. Whether it’s the first day at reception class in a spick and span new uniform, or packing up the car to travel to a far-off university, there’s a feeling of excitement and anticipation in the air. Why not get some of that excitement and anticipation for yourself, by starting a new course that will help strengthen your CV and increase your earning potential?
If you’re the Secretary or PA of a litigation lawyer, you’ll know all about telephone hearings. Since the early 2000s, they’ve been the standard way of dealing with short applications in the courts – in fact, lawyers now have to give reasons why an application should not be heard by telephone, rather than the other way around. For others, though, the idea of having to fix a telephone hearing or conference can still be a bit daunting. Here’s a short summary of the things you need to know.
This month we will be considering the highly publicised case of Wright v Wright [2015] EWCA Civ 2015. Controversial comments made by Lord Justice Pitchford in the case suggested that the court’s approach would now favour, more than ever, the granting of temporary maintenance orders rather than orders that give an income for life. Before we look at the Wright case in detail we will first review the principles of maintenance and clean break orders.
“Must be a good team player”. How often have you seen that in job descriptions and advertisements? And how often have you wondered what, exactly, the writer means?
I began my career as a Legal Secretary after finishing college, where I studied a two-year Business Administration and Secretarial course. After working for two different solicitor’s firms over the course of three years, I left the profession to work as an Administrator organising events at a local university. I had enjoyed working as a Legal Secretary, but I made the decision to change career due to the increase in salary, and I also liked the idea of gaining experience in events management.
Earlier this month, a judgment by Mr Justice Edwards-Stuart in the Technology and Construction Court attracted a lot of attention because of the learned judge’s comments about what he saw as the poor preparation of the trial bundles. In fact, he considered that the problems of the bundles were so acute that he adjourned two parts of a three-part application, and ordered that the costs of the adjournment as well as the costs of repaginating the defective bundle should be paid by the firm which had originally submitted it. In other words, it was a fairly expensive mistake.
A recent case in Manchester has highlighted the importance of paying attention to detail when it comes to conveyancing. An assistant solicitor has been fined £5,000 after forgetting to register a Notice of Interest in a property. His oversight was much dearer, however, for his client. As a result of the mistake, an investor didn’t receive £40,400 due when the property was sold!
When I was a kid, it took me longer than I would have liked to learn how to ride a bike. I kept using a bike with training wheels and I didn’t practice much, so of course I didn’t learn how to balance.
Vicki Lister is the Secretarial, Catering and Reception Services Manager for Reed Smith, a global law firm based in London.
We’ve come a long way, baby
New data protection laws are coming into effect across the EU this spring, and they’re set to be some of the most stringent in the world.
SecsintheCity, the UK’s #1 job site for PAs and EAs, has announced a new event for PAs and EAs – the Summer Networking Event – which will take place on 9 June 2016 at the Crowne Plaza Hotel London - The City.
Following changes to the stamp duty land transaction tax (SDLT) from 1 April 2016, higher rates of SDLT will apply to the purchase of additional residential properties (such as second homes and buy-to-let properties). The changes followed a surprise announcement by the Chancellor at the last budget and were passed in the Finance (No. 2) Bill 2015-16.
Aside from the death of a loved one, divorce can be, and often is, one of the most stressful of all life’s events. It is rarely amicable, and one partner is usually hurting more than the other one. One of the biggest upsets with divorce can be the one-to-one confrontations in solicitors’ offices. These formal-type meetings tend to do more harm than good in a lot of cases. Well, what if you could cut out all those unpleasant face-to-face appointments with the future ex. Imagine if you could settle your divorce online with just a few clicks. The good news is that this will be a real option in the not-too-distant future. The online ‘digital’ divorce could become a reality as early as 2017. Legal experts expect this to be a preferred method among many divorcing couples, though not everyone welcomes the idea.
Vicarious simply means ‘in place of’. Vicarious liability is a legal term that refers to a kind of secondary accountability. In other words, Person A is responsible for the wrongdoings of Person B, even though Person A had no direct involvement in the offence.
Password security is vital security
Do you know what your boss thinks about your performance at work?
Remember that you are the public face of the firm
Does the very concept of a judge being able to rule against a dead person’s last will and testament seem completely unacceptable to you? Perhaps you feel that this really is the final straw when it comes to our judiciary asserting their rulings in an area that really ought not to be touched? Upon first glance at this issue, I would have to admit to having felt very similar feelings myself; however, as with everything in life, especially law, things are never that straightforward, and there could well be circumstances at play that might just change your mind.
Even if you love your job and your career, there are bound to be some weeks when it feels like the “same old, same old” routine, sometimes when you hit a plateau or a dip in the road. That doesn’t mean you need to change jobs or careers – or that you should resign yourself to feeling stagnant.
Since 2010 there have been serious discussions in Parliament about the possibility of creating a British Bill of Rights. The topic of constitutional law does not often become something of popular discussion, but following the Scottish referendum of 2014 and the current EU renegotiations by David Cameron, potential reforms are currently at the centre of British politics.
Anyone familiar with the intricacies of probate law was probably watching Joy Williams’ recent case for a half share in her deceased partner’s property with a rather sympathetic smirk stretching across their face. Little could they have known what the eventual outcome would be, especially when it turned out to be a ruling that was utterly unexpected by all.
Recognise those who supported you by supporting your junior colleagues
Be self-reliant when proofreading your documents
A New App Aims to Make You Less Apologetic
Knowledge is power, and knowledge of the market for your own job is always empowering, even if you’re not thinking of moving in the foreseeable future. That knowledge can help protect you against shocks to your earning power or even your job security.
Procrastination, the habit of putting tasks off to the last possible minute, can be a major problem in both your career and your personal life. Side effects include missed opportunities, frenzied work hours, stress, overwhelmedness, resentment and guilt. This article will explore the root causes of procrastination and give you several practical tools for overcoming it.
Deciding to pursue a course in law really can prove to be a challenge at times. Every now and again you might feel distracted when your family needs you or your friends are enjoying active social lives. At these times, a question that may spring to mind is “Why am I doing this?”
As I am currently in the middle of an in-depth course that deals with the law of obligations, I have to admit to feeling a little ashamed of myself for never having heard of Pigot’s Case – especially the rule and the impact it currently has on English contract law. I have gone through every last textbook connected to the course with a fine-tooth comb, and there is not a single mention of this case anywhere.
This month we will be looking at recent developments in the world of Wills and Probate.
In recent months we have written about the major changes to how litigation clients are paying for legal advice. Legal services are now being unbundled so clients can “pick and mix” when they want to pay for legal advice and when they will do it themselves. This month we will consider how unbundled legal advice fits in with representation at court hearings. This type of representation is commonly called advocacy, and traditionally it is a service that has been provided by barristers or solicitors on behalf of their clients. Following changes to the scope of legal aid funding in April 2013, there has been widespread concern that individuals will be forced to represent themselves in court (known as litigants in person).
Be honest, now. On the final day of the Christmas hols, when you were tidying the last of the festive debris from your handbag or pockets and thinking about your first day back at work, did your heart lighten – or sink? Or was it somewhere in the middle?
In light of a Family Justice Review that was undertaken, HM Courts and Tribunals Service have decided to create a new single Family Court in England and Wales. Effectively, this will pull this area of law away from the county courts and should mean that this division of the legal system is able to deal with relevant cases far more expeditiously and cost-effectively.
The Robots Are Coming
Ever since the early 1990s, when the heinous murder of James Bulger was heard in Preston Crown Court, the English judicial system has slowly realised that there are plenty of occasions when certain defendants and trial witnesses need to be protected from the hugely intimidating environment of a courtroom.
A powerful personal growth tool is the 30-day trial. This is a concept I borrowed from the shareware industry, where you can download a trial version of a piece of software and try it out risk-free for 30 days before you’re required to buy the full version. It’s also a great way to develop new habits, and best of all, it’s brain-dead simple.
Joining a professional organisation is the best thing you can do for your career. It enables you to advance your skills, develop yourself professionally, show that you are committed to your career, and be recognised for the value work that you do. ILSPA provides its Members with many benefits, which are sought by those wanting support in their careers and law firms that want their staff to excel in their roles.
Here is a selection of vacancies from our
ILSPA’s Scholarship Scheme enables one Student each year to study our
The Institute of Legal Secretaries and PAs is very pleased to support *office with their valuable event this year. There will be a wealth of excellent seminars and exhibitors available to assist you in your working life.
Here is a selection of vacancies from our
The Professional Paralegal
Here is a selection of vacancies from our
Here is a selection of vacancies from our
A member of Hethertons Solicitors team has been awarded a lifetime Membership of the Institute of Legal Secretaries and PAs (ILSPA) for her outstanding work at the leading firm.
Here is a selection of vacancies from our
Here is a selection of vacancies from our
Here is a selection of vacancies from our
Career Legal say that 2016 may already be a year in which only the brave can confidently predict an outcome with certainty – but they can review the past 12 months with clarity and offer you a snapshot of our current market salaries with precision and authority.
Seamus Ryan started teaching after he finished law school, over 20 years ago. He specialises in legal training and is a qualified Solicitor, a member of the Institute for Learning and a Law Society accredited Lexcel consultant. Seamus is very popular with our Students due to his friendly and helpful teaching approach. Students often impress Seamus with their level of commitment and enthusiasm for learning.
Here is a selection of vacancies from our
Laura Jenkinson has been working for ILSPA as an Administrator since the beginning of the year. She is a great asset of the team, being very dedicated to her work.
Here is a selection of vacancies from our
Here is a selection of vacancies from our
We are delighted to announce that our new online test system has been released. Students can now complete the achievement tests for their courses through our website and no longer need to email them to our Course Assessor.
We would like to share some exciting news with you. ILSPA graduate Georgie Theobald won the Legal PA of the Year Award with Secsinthecity last month.
Here is a selection of vacancies from our
Amy Marsden, EA to the CEO at WorldRemit, was announced as PA of the Year 2016, at an awards ceremony hosted by SecsintheCity, the UK’s #1 job site for PAs and Executive Assistants.