Template:M summ 2002 ISDA 12: Difference between revisions
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Who would have thought a {{isdaprov|Notices}} provision would be so controversial? Especially the question, “what is an [[electronic messaging system]]”? | Who would have thought a {{isdaprov|Notices}} provision would be so controversial? Especially the question, “what is an [[electronic messaging system]]”? | ||
''No-one'', it is humbly submitted, until Andrews, J. of the [[Chancery Division]], was invited to opine on {{casenote|Greenclose|National Westminster Bank plc}}, the kind of “[[little old lady]]” case that makes bad law.<ref>As the [[JC]] always says, ''[[anus matronae parvae malas leges faciunt]]''.</ref> The learned judge does nothing to dispel the assumption that lawyers are technological Luddites who would apply Tip-Ex to their VDUs if they | ''No-one'', it is humbly submitted, until Andrews, J. of the [[Chancery Division]], was invited to opine on {{casenote|Greenclose|National Westminster Bank plc}}, the kind of “[[little old lady]]” case that makes bad law.<ref>As the [[JC]] always says, ''[[anus matronae parvae malas leges faciunt]]''.</ref> The learned judge does nothing to dispel the assumption that lawyers are technological Luddites who would apply Tip-Ex to their VDUs if they didn’t have someone to do their typing for them (and if they knew what a VDU was). | ||
For there it was held that ''[[email]] is not an “[[electronic messaging system]]”'' and, as such, was an invalid means for serving a [[close-out]] notice under the {{1992ma}}, which doesn’t mention [[email]]. | For there it was held that ''[[email]] is not an “[[electronic messaging system]]”'' and, as such, was an invalid means for serving a [[close-out]] notice under the {{1992ma}}, which doesn’t mention [[email]]. Read in depth about that case '''[[Greenclose|here]]'''. | ||
And that was before the entire interconnected world decided, as an orchestrated whole, to cease the conduct of the business as a physical idea for an indefinite period in early 2020. Suddenly, a widely-used and, it was assumed, well-tested notices regime started to look like it might not work. | |||
Oh, and another thing: who seriously has a [[telex]] in this day and age? |