‘The recent Court of Appeal judgment in Farrar v Rylatt should serve as a warning to practitioners of the uphill struggle that a party faces when attempting to appeal a trial judge’s findings of fact.’
Practical Law: Construction Blog, 22nd November 2019
‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’
Supreme Court, 5th November 2019
Source: www.supremecourt.uk
‘A High Court judge has deprecated a claimant’s request for a third party to review a draft judgment so that it could have the chance to pay money to suppress publication.’
Litigation Futures, 31st October 2019
Source: www.litigationfutures.com
‘The case concerns an alleged scheme perpetrated by the defendants to misappropriate c. US$2 billion from the Bank. The Bank alleged that the scheme was orchestrated by Ds 1 and 2, Ukrainian “oligarchs” domiciled in Switzerland, with the assistance of English and BVI companies through which the Bank alleged that misappropriated monies were laundered. The Bank sued Ds 1 and 2 and the BVI companies in England, using the English companies as “anchor defendants”. It sought, and was granted by Nugee J, a Worldwide Freezing Order in the amount of US$2.6 billion.’
Blackstone Chambers, 22nd October 2019
Source: www.blackstonechambers.com
‘It is sometimes said that a judgment is written for the losing party; all that the winning party cares about is that it has won. However, a recent Court of Appeal decision is a salutary reminder that when a judgment is not carefully written, the failure to give adequate reasons for the conclusions may lead to a retrial, and so give the losing party a second bite at the cherry. All litigants, winners and losers, should take note.’
Practical Law Dispute Resolution Blog, 1st October 2019
‘Lawyers are optimistic about the success of a new international convention designed to make the enforcement of court judgments easier across jurisdictions.’
Law Society's Gazette, 1st October 2019
Source: www.lawgazette.co.uk
‘For all practical purposes, the free legal database run by the British and Irish Legal Information Institute (BAILII) is an official source of judgments from senior courts that any member of the public or any journalist can use. But while anyone can read individual judgments and quote bits of them elsewhere, what are the rules about downloading and re-using the content in bulk? Is it public open data or are there restrictions on its re-use? There seems to be some confusion about this, which this article aims to unpick.’
Transparency Project, 1st October 2019
Source: www.transparencyproject.org.uk
‘Losing defendants in a civil claim have failed to overturn a judge’s ruling – despite it taking him 18 months from the end of proceedings to hand it down.’
Law Society's Gazette, 26th July 2019
Source: www.lawgazette.co.uk
‘The Court of Appeal has warned parties that they can expect to be denied recovery of the costs of preparing non-compliant bundles of authorities.’
Litigation Futures, 22nd July 2019
Source: www.litigationfutures.com
‘Receiving a judge’s draft judgment is not an “invitation to treat”, nor is it an opportunity to critique the ruling, enter into negotiations or reargue the case, the Court of Appeal has made clear.’
Litigation Futures, 4th June 2019
Source: www.litigationfutures.com
‘The Court of Appeal has issued a reminder to practitioners that receiving a judge’s draft judgment in care cases is “not an ‘invitation to treat’, nor is it an opportunity to critique the judgment or to enter into negotiations with the judge as to the outcome or to reargue the case in an attempt to water down unpalatable findings”.’
Local Government Lawyer, 29th May 2019
Source: www.localgovernmentlawyer.co.uk
‘The High Court has rejected an appeal by a couple jailed for harassing the family judge who heard their “long and contentious litigation” over an adoption.’
Legal Futures, 29th May 2019
Source: www.legalfutures.co.uk
‘On 7 December 2018, Sir Andrew McFarlane, the President of the Family Division, issued some practice guidance to judges entitled Practice Guidance: anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena(see January [2019] Fam Law 68). In it, he refers to a report written by Julia Brophy and published by the Association of Lawyers for Children (ALC) in July 2016 (J Brophy, Anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena: judicial guidance, available on the ALC and Nuffield Foundation websites).’
Transparency Project, 12th March 2019
Source: www.transparencyproject.org.uk
‘Much has been said on the gender imbalance of the senior courts of England and Wales. Since the House of Lords became the Supreme Court in 2009, a total of 22 men have sat as full-time Justices, compared to just three women, all of whom are currently serving. Justifiably, a lot of attention has fallen on Lady Hale, an outspoken exponent of greater judicial diversity and current Court President.’
UK Constitutional Law Association, 15th November 2018
Source: ukconstitutionallaw.org
‘The Supreme Court should sit in larger panels more often, Lord Sumption has suggested, although he recognised that it could lead to fewer appeals being allowed.’
Litigation Futures, 5th October 2018
Source: www.litigationfutures.com
‘In AH v CD and others [2018] EWHC 1643 (Fam), [2018] All ER (D) 162 (Jun) an application by a father who sought his son’s return to Spain, after the child was taken out of the jurisdiction by his mother, raised issues under the 1980 Hague Convention, and also as to the discharge of a care order made by a court which had not been told of the child’s father’s whereabouts. Richard Jones, barrister at 1 Garden Court Chambers, explains the issues.’
Family Law, 28th August 2018
Source: www.familylaw.co.uk
‘The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced.’
Litigation Futures, 3rd August 2018
Source: www.litigationfutures.com
‘The High Court has hammered both sides in a medical negligence case involving a mentally ill woman for outrageous “bimbling”. His Honour Judge Gore QC, sitting as a High Court judge, said the word – which means to move at a leisurely pace – was used by one of his daughters.’
Litigation Futures, 2nd August 2018
Source: www.litigationfutures.com
‘An English court has ordered a wealthy Russian businessman to transfer ownership of a luxury yacht from one of his companies to his ex-wife, in order to satisfy part of their divorce settlement.’
OUT-LAW.com, 3rd May 2018
Source: www.out-law.com
‘The Ministry of Justice (MoJ) is taking legal advice on the wider implications of last year’s Supreme Court ruling that the introduction of employment tribunal fees was unlawful, it has emerged.’
Litigation Futures, 3rd May 2018
Source: www.litigationfutures.com
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