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Three lookouts here. | Three lookouts here. | ||
'''One''': ''[[Email]] isn’t included''. According to her majesty’s judiciary, [[email]] is not included and ''does not count as an [[electronic messaging system]]''. Let your klaxons blare. But at | '''One''': ''[[Email]] isn’t included''. According to her majesty’s judiciary, [[email]] is not included and ''does not count as an [[electronic messaging system]]''. Let your klaxons blare. But at least the {{1992ma}} is equivocal about it: in the {{2002ma}} it is written into the definition of “{{isdaprov|electronic messaging system}}” that it doesn’t include [[email]]. I know it seems absurd at first glance — [[Jolly Contrarian|some]] would say it seems absurd having read the whole judgment in {{Casenote|Greenclose|National Westminster Bank plc}} and thought about it at length over a hearty walk in the woods — but there it is: that is the law of the land at the time of writing. | ||
'''Two''': This might not so much matter were it not for another spectacular outing for her majesty's judiciary<ref>{{casenote|Rock Advertising Limited|MWB Business Exchange Centres Limited}}</ref>, in which Lord Sumption decided that a “[[no oral modification]]” clause means what it says. Hitherto is had been assumed to be an easy concession to pedantic lawyers to let then can march in triumph back to their clients having had their iatrogenic way, but it now actually means something. Strictly interpreting a [[NOM]] clause probably makes sense if you are contemplating the eternal verities on the hard benches of a law library — or your judicial chambers — but it makes none if your job is to manage the cut and thrust of daily operational contract management. | '''Two''': This might not so much matter were it not for another spectacular outing for her majesty's judiciary<ref>{{casenote|Rock Advertising Limited|MWB Business Exchange Centres Limited}}</ref>, in which Lord Sumption decided that a “[[no oral modification]]” clause means what it says. Hitherto is had been assumed to be an easy concession to pedantic lawyers to let then can march in triumph back to their clients having had their iatrogenic way, but it now actually means something. Strictly interpreting a [[NOM]] clause probably makes sense if you are contemplating the eternal verities on the hard benches of a law library — or your judicial chambers — but it makes none if your job is to manage the cut and thrust of daily operational contract management. | ||