Date: Fri, 11 May 2007 13:50

From: Robert Stevens

Subject: Good news/bad news

if the opinion is accompanied by a magic string of legalese which most people will not understand but a judge will.

If the disclaimer is drafted in such a way that most people will not understand it, it will be struck down by s2(2) of UCTA. That is why the disclaimer, explaining that you are not assuming any responsibility for financial commitments, has to be drafted carefully. I cannot accept, however, that any disclaimer explaining the scope of the duty assumed, however drafted, is unreasonable in a case such as this example.

If someone can understand the medical jargon in the letter, they ought to be able to understand the disclaimer too. It really is not rocket science.

Rob

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