High Court judges “failing to send judgments for publication” – Legal Futures

Posted September 19th, 2023 in archives, internet, judgments, judiciary, news, statistics by sally

‘One in five judgments by the senior courts and tribunals of England and Wales are not being published, the Incorporated Council of Law Reporting in England and Wales (ICLR) has found.’

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Legal Futures, 19th September 2023

Source: www.legalfutures.co.uk

One fifth of judgments missing from national database – Law Society’s Gazette

Posted September 15th, 2023 in archives, courts, delay, family courts, judgments, news, statistics by tracey

‘Important gaps remain in the government’s official repository of court judgments more than a year after its launch, research has revealed. According to the study by the Incorporated Council of Law Reporting in England and Wales (ICLR), about 20% of the judgments that might be expected to be on the National Archives’ Find Case Law database are missing.’

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Law Society's Gazette, 15th September 2023

Source: www.lawgazette.co.uk

One-hour oral judgment in family case ‘plainly irregular’ – Law Society’s Gazette

Posted September 4th, 2023 in appeals, child abuse, children, judges, judgments, news, sexual offences by tracey

‘A one-hour oral judgment delivered on a complex family case was “manifestly insufficient” and should be re-examined, the Court of Appeal has ruled.’

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Law Society's Gazette, 1st September 2023

Source: www.lawgazette.co.uk

Litigant in person made ‘unacceptable’ threats to judge – Law Society’s Gazette

‘The solution for a dissatisfied litigant is not to threaten the judge, an Insolvency and Company Courts judge has noted, revealing ”deep concern’’ at threats made as he delivered judgment.’

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Law Society's Gazette, 11th August 2023

Source: www.lawgazette.co.uk

Unravelling it all: challenging judgments tainted by fraud – Gatehouse Chambers

Posted August 3rd, 2023 in chambers articles, foreign jurisdictions, judgments, news, setting aside by sally

‘Final and conclusive judgments, meaning judgments of judicial bodies which bring litigation to an end and are not (or are no longer) subject to an appeal process, have a special place in this jurisdiction. The principle of finality demands that they be respected, complied with, and left undisturbed save in the most exceptional of circumstances. English law takes this attitude both to its domestic judgments, for obvious reasons, but also to foreign judgments, for less obvious (although by no means less valid) reasons.’

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Gatehouse Chambers, 31st July 2023

Source: gatehouselaw.co.uk

Satisfying judgment from scheme assets following bankruptcy discharge – Pensions Barrister

Posted July 27th, 2023 in bankruptcy, debts, injunctions, judgments, news, pensions by sally

‘Handed down on 26th July, the latest in a long line of cases in which a judgment creditor has sought to enforce their debt from the pension scheme assets of the debtor is Cohen v O’Leary [2023] EWHC 1939 (Ch), a decision of Louse Hutton KC, sitting as a Deputy Judge of the High Court.’

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Pensions Barrister, 27th July 2023

Source: www.pensionsbarrister.com

Different rules on draft judgment embargoes “totally unacceptable” – Legal Futures

Posted June 28th, 2023 in family courts, judges, judgments, news by sally

‘The “inexplicable differences” in the embargo rules for draft rulings in the King’s Bench Division, Family Division and Crown Court are “completely unacceptable”, a High Court judge has said.’

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Legal Futures, 28th June 2023

Source: www.legalfutures.co.uk

MR: Regulators and courts need to control use of ChatGPT in litigation – Legal Futures

‘Legal regulators and the courts may need to control “whether and in what circumstances and for what purposes” lawyers can use artificial intelligence (AI) systems like ChatGPT in litigation, the Master of the Rolls has said.’

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Legal Futures, 19th June 2023

Source: www.legalfutures.co.uk

Claim against law firm lost by court can proceed, appeal judges rule – Legal Futures

Posted June 7th, 2023 in appeals, claims management, fees, judgments, law firms, news by sally

‘A claim against a law firm thrown out for being served too late can now proceed after the Court of Appeal held that the claim form was sealed with the wrong date.’

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Legal Futures, 7th June 2023

Source: www.legalfutures.co.uk

Judge criticises fundamental errors in childcare case after earlier ruling ignored – Local Government Lawyer

Posted May 9th, 2023 in care orders, case management, judgments, local government, news by sally

‘Her Honour Judge Madeleine Reardon has highlighted “fundamental errors” made in the preparation and presentation of a childcare case, in which a previous judgment given by the court was “completely ignored”.’

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Local Government Lawyer, 5th May 2023

Source: www.localgovernmentlawyer.co.uk

Judgment reserved in dispute over when honey is “raw honey” – Local Government Lawyer

Posted April 26th, 2023 in appeals, EC law, food, judgments, labelling, local government, news by sally

‘Judgment has been reserved in an appeal over a London borough’s service of an improvement notice under the Food Information Regulations 2014, it has been reported.’

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Local Government Lawyer, 25th April 2023

Source: www.localgovernmentlawyer.co.uk

Why we hardly ever see published family court judgments – Transparency Project

Posted April 3rd, 2023 in anonymity, children, families, family courts, judgments, judiciary, news by sally

‘Amidst the attention being paid to the courts in the Reporting Pilot, especially the series of broadcasts on the BBC Today programme by Sanchia Berg recently, other outputs from the President’s Transparency Implementation Group (TIG) have been slowly emerging.’

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Transparency Project, 31st March 2023

Source: transparencyproject.org.uk

Nuisance law and a diverging of judgments – Solicitors’ Journal

Posted March 30th, 2023 in judgments, news, nuisance, privacy, Supreme Court by sally

‘Gordon Wignall explores a nuisance case in the Supreme Court about the Tate Modern and Richard Roger’s glass dwellers’ lack of privacy.’

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Solicitors' Journal, 27th March 2023

Source: www.solicitorsjournal.com

News focus: Are lawyers still breaching judgment embargoes? – Law Society’s Gazette

Posted February 20th, 2023 in appeals, barristers, contempt of court, disclosure, judgments, law firms, news, solicitors by tracey

‘Despite the master of the rolls’ clarion call for lawyers to respect judgment embargoes and a warning about possible contempt proceedings, high-profile breaches continue to happen.’

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Law Society's Gazette, 17th February 2023

Source: www.lawgazette.co.uk

Wikipedia information “undermining quality of judgments” – Legal Futures

Posted February 9th, 2023 in internet, Ireland, judgments, judiciary, news, reasons by sally

‘The widespread use of online source Wikipedia by senior judges could mean fake information spreading, leading to bad judgments, an update of research first revealed last year has warned.’

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Legal Futures, 8th February 2023

Source: www.legalfutures.co.uk

CoA shows mercy over judgment embargo breach – Law Society’s Gazette

Posted January 31st, 2023 in contempt of court, electronic mail, judgments, news, solicitors by tracey

‘Three Court of Appeal judges have shown mercy towards an in-house lawyer in the US who has admitted emailing the outcome of a London judgment to his US legal team in breach of an embargo.’

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Law Society’s Gazette, 30th January 2023

Source: www.lawgazette.co.uk

A quarter of listed cases not published by National Archives – Legal Futures

Posted January 24th, 2023 in archives, courts, delay, internet, judgments, law reports, news, reports by sally

‘The National Archives (TNA), which took over as the immediate online publisher of senior court judgments last year, failed to publish judgments in over a quarter of cases in its first three months of operation, a report has found.’

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Legal Futures, 24th January 2023

Source: www.legalfutures.co.uk

Hacking victim retains anonymity in ‘persons unknown’ action – Law Society’s Gazette

Posted November 16th, 2022 in anonymity, computer crime, judgments, news, victims by sally

‘A company working in “security-sensitive and highly classified projects of national significance” has succeeded in having its identity withheld from a summary judgment against the unknown perpetrators of a $6.8m “ransomware” attack. In XXX v Persons Unknown, Mr Justice Cavanagh agreed that a derogation from open justice was needed to prevent the court itself becoming “the instrument of harm”.’

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Law Society's Gazette, 14th November 2022

Source: www.lawgazette.co.uk

MPs warn court system is failing to support public understanding of justice system – Local Government Lawyer

Posted November 10th, 2022 in civil justice, criminal justice, judgments, news, reports by sally

‘The Justice Committee has called for a “renewed focus” in the court system to remove barriers to the media and members of the public coming to court proceedings.’

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Local Government Lawyer, 9th November 2022

Source: www.localgovernmentlawyer.co.uk

How final is a final certificate? – Practical Law: Construction Blog

Posted October 28th, 2022 in appeals, construction industry, contracts, judgments, local government, news by tracey

‘At the end of last year, Jonathan discussed the Court of Session’s judgment in D McLaughlin & Sons Ltd v East Ayrshire Council, where Lord Clark looked at the conclusiveness of a final certificate under a Scottish Standard Building Contract with Quantities, 2011 Edition (SSBC, 2011 Edition). That case has popped up in the law reports again, this time in the Inner House (also called D McLaughlin & Sons Ltd v East Ayrshire Council), where three lords (Carloway, Woolman and Malcolm) have considered the Council’s appeal against Lord Clark’s judgment. In a rare occurrence these days, that judgment split the house.’

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Practical Law: Construction Blog , 26th October 2022

Source: constructionblog.practicallaw.com