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

F And G (Children : Sexual Abuse Allegations) [2022] EWCA Civ 1002 – Family Law Week

Posted August 16th, 2022 in appeals, child abuse, children, evidence, judgments, news by sally

‘The child had been the subject of an “ABE” interview that was non-compliant with best practice guidance in various ways. She had undergone a medical examination, and the examining doctor concluded that against a backdrop of a clear allegation from the child, the clinical findings supported the allegation of penetrative abuse. Written evidence from a paediatrician concluded that hymenal notches were “suggestive” of penetration.’

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Family Law Week, 1st August 2022

Source: www.familylawweek.co.uk

Court of Appeal outlines approach advocates and judges should take to requests for clarification of judgments – Local Government Lawyer

‘The Court of Appeal has considered the extent to which judges are required to respond to requests for clarifications in judgments.’

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Local Government Lawyer, 28th July 2022

Source: www.localgovernmentlawyer.co.uk

People left out of pocket by traders say UK county court system ‘unfit for purpose’ – The Guardian

Posted May 3rd, 2022 in county courts, debts, enforcement, judgments, news, small claims by sally

‘Customers say judgments against firms lead nowhere and compound their misery.’

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The Guardian, 2nd May 2022

Source: www.theguardian.com

Official court judgments database goes live – Law Society’s Gazette

Posted April 20th, 2022 in internet, judgments, Ministry of Justice, news by sally

‘A new official route for the online publication of court judgments marks “a vital step towards better transparency” in the justice system, the government said today. As the Gazette revealed last year, the new service from the National Archives, called Find Case Law, presents judgments formatted to ease analysis by computer. For the first time, judgments are published under a clear copyright licence permitting such use.’

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Law Society's Gazette, 19th April 2022

Source: www.lawgazette.co.uk

Judge could hand down judgment despite settlement – Legal Futures

‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’

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Legal Futures, 20th April 2022

Source: www.legalfutures.co.uk

Court of Appeal allows appeal over placement order after judicial analysis “fell significantly short” – Local Government Lawyer

‘The Court of Appeal has overturned a decision to make a placement order for an 18-month-old boy after finding that the judicial analysis “fell significantly short”.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Just over half of judicial review judgments are available to the public on Bailii: report – Local Government Lawyer

‘Of the 5,408 unique judgments given by the Administrative Court from 1 January 2015 to 31 December 2020, only 55% (3,001) are available to the public on BAILII, research has suggested.’

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Local Government Lawyer, 8th March 2022

Source: www.localgovernmentlawyer.co.uk

Daniel Hoadley, Joe Tomlinson, Editha Nemsic and Cassandra Somers-Joce: How public is public law? Approximately 55% – UK Constitutional Law Association

Posted February 28th, 2022 in constitutional law, internet, judgments, judicial review, news, statistics by sally

‘Judicial review judgments possess multi-layered value. For the parties to a case, they are an authoritative record of the outcome of a legal dispute, providing reasons for that outcome. For lawyers and judges, they support the provision of advice about the law and become legal authorities that can be used to argue and resolve future disputes. As a part of the wider constitutional system, they bring a degree of transparency to the judicial process. For researchers, they form part of the primary materials that can be subjected to different methodologies that seek to advance the understanding and analysis of public law in the courts.’

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UK Constitutional Law Association, 25th February 2022

Source: ukconstitutionallaw.org

Vos issues stern warning to chambers and law firms about embargoes – Legal Futures

‘The Court of Appeal has issued a stern warning about breaking embargoes on judgments after a leading chambers accidentally issued a press release a day before the ruling was handed down.’

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Legal Futures, 17th February 2022

Source: www.legalfutures.co.uk

Practice Direction issued by the Senior President of Tribunals: Employment Appeal Tribunal – Courts & Tribunals Judiciary

Posted December 15th, 2021 in appeals, citations, employment tribunals, judgments, practice directions by tracey

‘This Practice Direction sets out the arrangements for the neutral citation of judgments of the Employment Appeal Tribunal (EAT) from 1 January 2022. It follows the practice of other jurisdictions including that of the Upper Tribunal.’

Full practice direction

Courts & Tribunals Judiciary, 14th December 2021

Source: www.judiciary.uk

The Lionel Cohen Lecture 2021: Judges and Academics, and the Endless Road to Unattainable Perfection – Supreme Court

Posted December 14th, 2021 in judgments, judiciary, lectures, Supreme Court by tracey

‘Judges and Academics, and the Endless Road to Unattainable Perfection – Lord Burrows’

Full speech

Supreme Court, 6th December 2021

Source: www.supremecourt.uk

Official judgment portal set to go live – Law Society’s Gazette

Posted November 29th, 2021 in archives, internet, judgments, Ministry of Justice, news by tracey

‘Nearly 50,000 court judgments have been set up to be posted online in the first phase of the government’s plan to create a cutting-edge free repository of legal information, the Gazette can reveal. The service, hosted by the National Archives, will go live next April when the Ministry of Justice’s contract with the British and Irish Legal Information Institute (BAILII) expires.’

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Law Society's Gazette, 29th November 2021

Source: www.lawgazette.co.uk

Judges publishing porn – Transparency Project

‘On 24 November 2021, approximately 3 years after the publication of detailed anonymisation guidance warning against the publication of overly graphic sexual content in judgments, and almost a month after publication of the Transparency Review, which echoes the same issue and indicates the need for an Anonymisation Unit – a family court judge has published a judgment which is, basically, pornographic in content.’

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Transparency Project, 24th November 2021

Source: www.transparencyproject.org.uk

Raab threat to ‘correct’ court judgments is ‘deeply troubling’, warn legal experts – The Independent

‘Legal experts have responded with alarm to suggestions from justice secretary Dominic Raab that he will legislate to “correct” court judgments in human rights cases that go against the government.’

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The Independent, 17th October 2021

Source: www.independent.co.uk

Judge’s fury at suggestion his clerk leaked draft ruling – Legal Futures

Posted October 11th, 2021 in barristers' clerks, disclosure, judges, judgments, law firms, news, patents by sally

‘A High Court judge has strongly criticised a law firm and its client for appearing to blame his clerk for the leak of a draft judgment – which it turned out had not even happened.’

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Legal Futures, 11th October 2021

Source: www.legalfutures.co.uk