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Author Topic: Competitions and Mergers Authority - First Group Undertaking  (Read 1864 times)
PhilWakely
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« on: October 03, 2017, 14:02:19 »

Forgive me if this has already been addressed elsewhere (I've been away and a lot of water has flowed under the bridge - or should that be threads and contributions - in that time!)

Can somebody translate this gobbledygook and tell me exactly which route(s) is/are being used as the comparison for the London to Exeter flows and fares please?

https://assets.publishing.service.gov.uk/media/599e90d8e5274a28b2940e68/firstgroup-and-mtr-south-western-franchise-final-undertakings-with-appendices.pdf
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bradshaw
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« Reply #1 on: October 03, 2017, 18:57:19 »

How do people write such a convoluted script, purely for the legal definitions I presume. I am not sure but it sound like the status quo is to be kept.
 
In other words, the difference between the route fares, the advance and unregulated ones, will remain as now.

This ratio can only be altered by the written agreement of the parties concerned.

At least that is my interpretation!
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John R
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« Reply #2 on: October 03, 2017, 19:39:30 »

If the question really is "how" then the answer is several years of training at Law School and beyond working your way up at a commercial law firm, after which if you work hard you will become a partner, command fees of £700 per hour upwards and become very very rich.

If the question is "why" then it's to make the agreement as water tight as it can be and enforceable in a court of law in the event of any dispute. Typically  a large proportion of such a commercial contract will consist of what-if's that may never happen, but it's important to cover such eventualities to eliminate as much ambiguity as possible. Sadly my only involvement in commercial contract law has been as a client of one of the said law firms rather than on the other side of the relationship, but I guess that's inevitable as I'm not a lawyer.



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stuving
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« Reply #3 on: October 03, 2017, 20:01:57 »

The traditional answer to "why" lawyers use set formulas and archaic words is that they have been tested in court and thus their meaning is known. In other words, they "work" in the sense of of being safe to use in writing a contract (or whatever). If you think you've found a better wording, perhaps to make it simlper to understand, and a court finds it might mean something else, you have failed in the lawyering you were paid to do.

And we all know how ambiguous English is.
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Chris from Nailsea
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« Reply #4 on: October 03, 2017, 22:37:37 »

Precisely.  Wink Cheesy Grin

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William Huskisson MP (Member of Parliament) was the first person to be killed by a train while crossing the tracks, in 1830.  Many more have died in the same way since then.  Don't take a chance: stop, look, listen.

"Level crossings are safe, unless they are used in an unsafe manner."  Discuss.
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