Tribunal “copied most of ruling” from one side’s submissions – Legal Futures

Posted November 26th, 2024 in evidence, judgments, news, reasons, tribunals, witnesses by tracey

‘A judge has strongly criticised an employment tribunal (ET) that copied most of its reasons from the respondent’s witness evidence or written submissions.’

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Legal Futures, 26th November 2024

Source: www.legalfutures.co.uk

Sexual abuse victims claim free court transcript scheme was ‘hidden’ from them for months – The Independent

Posted October 14th, 2024 in delay, judgments, Ministry of Justice, news, sexual offences, victims by tracey

‘Sexual abuse victims believe they could have been saved from months of suffering after they claim a government scheme to allow them access to free court transcripts was “hidden” from them for months.’

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The Independent, 13th October 2024

Source: www.independent.co.uk

Family court judges use victim-blaming language in domestic abuse cases, finds AI project – The Guardian

‘Judges in the family courts are using victim-blaming and gender-biased language towards domestic abuse survivors, AI analysis of judgments and appeals in England and Wales reveals.’

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The Guardian, 8th October 2024

Source: www.theguardian.com

National Archives to expand judgment publications service – Law Society’s Gazette

Posted September 12th, 2024 in archives, internet, judgments, news by tracey

‘With up to 50,000 page views a month, the Find Case Law judgment publishing service has grown rapidly since its 2022 launch. Digital director John Sheridan now plans to expand coverage and tackle the challenges of data analysis by AI.’

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Law Society's Gazette, 11th September 2024

Source: www.lawgazette.co.uk

Clarification of reasons – what is appropriate? – Local Government Lawyer

Posted August 12th, 2024 in care orders, child abuse, judgments, news, reasons by tracey

‘Emma Greenhalgh and Joanne Oakes highlight a recent case which raised important guidance in respect of what is appropriate when requesting clarification and when this may go too far as to “bamboozle” the judge.’

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Local Government Lawyer, 9th August 2024

Source: www.localgovernmentlawyer.co.uk

UK ratification of cross-border enforcement treaty gives businesses greater certainty – OUT-LAW.com

Posted July 8th, 2024 in dispute resolution, enforcement, foreign jurisdictions, judgments, news by tracey

‘Businesses should be able to enforce English court rulings more easily in other countries in future after the UK ratified an international treaty on the cross-border enforcement of judgments.’

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OUT-LAW.com, 4th July 2024

Source: www.pinsentmasons.com

What’s the Point of a Judgment? Examples, Authorities and the Panopticon – Financial Remedies Journal

Posted May 7th, 2024 in family courts, financial provision, judgments, law reports, news, reasons by tracey

“What’s the Point of a Judgment? Examples, Authorities and the Panopticon.”

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Financial Remedies Journal, 2nd May 2024

Source: financialremediesjournal.com

Stop crime victims in England and Wales paying thousands for court transcripts, say MPs – The Guardian

Posted April 24th, 2024 in criminal justice, judgments, Ministry of Justice, news, victims by tracey

‘MPs from across the political spectrum have urged the government to remove a “barrier to justice” that sees crime victims in England and Wales forced to pay hundreds or thousands of pounds for transcripts of court proceedings.’

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The Guardian, 21st April 2024

Source: www.theguardian.com

Serious medical treatment – the importance of the public record – Mental Capacity Law and Policy

‘In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance on the publication of judgments. This set a presumption, absent “compelling reasons,” for publication of judgments relating to a range of matters, either where the judgment already exists, or the judge has ordered that the judgment be transcribed. The guidance applied to all judgments in the Court of Protection delivered by the Senior Judge, nominated Circuit Judges and High Court Judges (in other words, not to judgments delivered by District Judges, who hear the majority of cases).’

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Mental Capacity Law and Policy, 22nd April 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Lies, damned lies and fakery – UK Human Rights Blog

Posted March 11th, 2024 in arbitration, banking, foreign jurisdictions, fraud, human rights, judgments, news by tracey

‘Contax Partners inc BVI v Kuwait Finance House and others [2024] EWHC 436 (Comm). Legal news abounds these days with stories of fabricated decisions and authorities generated by ChatGPT and similar AI mechanisms. But there’s nothing like a bit of old-fashioned human plagiarism to tickle the palates, and the full force of a judge’s fury was unleashed on such an attempt recently in the High Court.’

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UK Human Rights Blog, 9th March 2024

Source: ukhumanrightsblog.com

£70m arbitration award set aside after High Court judge finds agreement is a ‘fabrication’ – Law Society’s Gazette

‘A High Court judge has set aside a multi-million pound arbitration award and judgment after finding they were “fabrications”. The Honourable Mr Justice Butcher said the result of his decision meant ‘unanswered but serious questions’ were left and would require investigation.’

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Law Society's Gazette, 4th March 2024

Source: www.lawgazette.co.uk

CA warns against misuse of judgment clarification procedure – Legal Futures

Posted February 13th, 2024 in appeals, care orders, family courts, judgments, news, reasons by tracey

‘The delivery of a judgment “is not a transactional process” and its contents are “not open to negotiation”, the Court of Appeal has warned, saying the clarification procedure was being misused in family cases.’

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Legal Futures, 12th February 2024

Source: www.legalfutures.co.uk

Transcripts essential, says judge refusing SCPO discharge from Russia – Law Society’s Gazette

Posted February 13th, 2024 in judgments, news, reasons, serious crime prevention orders by tracey

‘Claimants seeking to discharge a serious crime prevention order (SCPO) must have access to transcripts of the judge’s reasons, if necessary from the director of public prosecutions, a High Court judge has said.’

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Law Society's Gazette, 13th February 2024

Source: www.lawgazette.co.uk

Sexual assault victims charged tens of thousands of pounds for court documents – The Independent

‘Domestic abuse and sexual violence victims are being charged up to tens of thousands of pounds to access court scripts after being wrongly advised not to attend court, The Independent has learned.’

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The Independent, 21st January 2024

Source: www.independent.co.uk

The Use and Misuse of the Rubric in the Family Courts – Financial Remedies Journal

Posted January 12th, 2024 in anonymity, children, families, family courts, judgments, news, reporting restrictions by sally

‘In a familiar line of cases of which the first was BT v CU [2021] EWFC 87, [2022] 1 WLR 1349, paras [100]–[114], and the last In re PP (A Child: Anonymisation) [2023] EWHC 330 (Fam), [2023] 4 WLR 48, paras [49]–[62], and Augousti v Matharu [2023] EWHC 1900 (Fam), paras [68]–[93], Mostyn J has explosively ignited a most necessary debate about the anonymisation of judgments in financial remedy cases. Part of his compelling analysis – which, so far as I am aware, no-one has yet succeeded in challenging successfully – relates to the use, or as he would have it, the inveterate misuse of the rubric attached to judgments in such cases.’

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Financial Remedies Journal, 8th January 2024

Source: financialremediesjournal.com

Judge refuses to redact civil servants’ names in JR of Parole Board recommendation for long-serving prisoner – Law Society’s Gazette

Posted January 9th, 2024 in anonymity, civil servants, judgments, news, parole, rape by tracey

‘A High Court judge has said there was no “legitimate reason” to anonymise civil servants in a judgment concerning the parole of a rapist who has spent 41 years in prison. Declining a request to redact the names of junior civil servants, the Honourable Justice Fordham said nobody would be imperilled by his decision.’

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Law Society's Gazette, 8th January 2024

Source: www.lawgazette.co.uk

Chestnuts Old and New – Hailsham Chambers

Posted December 20th, 2023 in chambers articles, debts, judgments, news by sally

‘As we all know, the Judgments Act 1832 (s.17) and orders made under it prescribe the rate of interest ordinarily payable on a judgment debt. The rate, which is rarely changed, used normally to be significantly higher than the likely cost to an ordinary borrower of borrowing. One can say that, as a matter of both principle and commercial sense, the judgment creditor should be paid by the judgment debtor at least as much interest as the creditor may be
losing by any delay, and that it should be made more expensive for the judgment debtor to delay payment rather than to pay promptly. (The problem has yet to be addressed that in the wider world the rates of interest payable by private individuals on overdrafts or credit cards substantially exceed the Judgments Act rate).’

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Hailsham Chambers, 28th November 2023

Source: www.hailshamchambers.com

MoJ says it is working on making court records more accessible following MP’s outrage at £7,500 bill – Law Society’s Gazette

Posted November 27th, 2023 in bills, criminal justice, judgments, Ministry of Justice, news, victims by tracey

‘Ministry of Justice officials are working on ways to make transcripts of court proceedings available to victims of crime, a minister has revealed. But, speaking in parliament last week, Mike Freer MP did not respond to calls for immediate legislation to make this possible.’

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Law Society's Gazette, 26th November 2023

Source: www.lawgazette.co.uk

Employment Tribunals are not a costs-free zone – Littleton Chambers

Posted November 9th, 2023 in chambers articles, costs, employment, employment tribunals, judgments, news by sally

‘A frequent refrain of solicitors who represent respondents in Employment Tribunal proceedings is that it is virtually impossible to obtain a costs order against a claimant who has brought an unmeritorious claim, or that there are no consequences when outlandish allegations are made in pursuit of a claim. The case of Cairns v The Wellness Zone Case No: 2414495/2021 provides a salutary reminder to parties engaged in Employment Tribunal proceedings that, in an appropriate case, the Tribunal will exercise its costs jurisdiction, and not merely in a token way. The case also serves as a cautionary tale for claimants making serious allegations in pursuit of their claims.’

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Littleton Chambers, 24th October 2023

Source: littletonchambers.com

Privy Council provides update on setting aside judgments and settlements for fraud – OUT-LAW.com

Posted September 26th, 2023 in evidence, fraud, Jamaica, judgments, news, Privy Council, setting aside by sally

‘A Privy Council ruling in a case originating in Jamaica has sought to clarify what constitutes “new” evidence for claimants seeking to set aside a judgment or settlement based on fraud.’

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OUT-LAW.com, 25th September 2023

Source: www.pinsentmasons.com