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

‘Systematic failings’ in England’s care system as boy restrained in hospital – The Guardian

‘The “shameful” case of a violent 12-year-old boy who was detained in hospital by 15 police officers illustrates the “systemic failings” in England’s care system, according to the body representing all of England’s directors of children’s services.’

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The Guardian, 12th August 2021

Source: www.theguardian.com

European Court of Human Rights orders UK Government to pay €84k to social worker criticised by Family Court judge – Local Government Lawyer

‘The European Court of Human Rights has ordered the Government to pay €24,000 for non-pecuniary damage and €60,000 in legal costs to a social worker who was accused of professional misconduct by a Family Court judge in the course of a fact-finding hearing.’

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Local Government Lawyer, 23rd June 2021

Source: www.localgovernmentlawyer.co.uk

Judge stops draft ruling publication after parties settle dispute – Law Society’s Gazette

Posted June 22nd, 2021 in costs, indemnities, judgments, negligence, news, notification by sally

‘A judge has decided that her ruling on an issue of indemnity costs should remain unpublished after the parties settled the dispute at the last minute.’

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Law Society's Gazette, 21st June 2021

Source: www.lawgazette.co.uk

News focus: Exhibiting the law’s ‘crown jewels’ – Law Society’s Gazette

Posted June 21st, 2021 in internet, judgments, lord chancellor, Ministry of Justice, news by tracey

‘As the National Archives takes on BAILII’s role of creating an online hub for court judgments, doubts persist about how to showcase common law rulings in a machine-friendly and comprehensive way.’

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Law Society's Gazette, 21st June 2021

Source: www.lawgazette.co.uk

Boost for open justice as court judgments get new home – Ministry of Justice

Posted June 16th, 2021 in judgments, Ministry of Justice, news by sally

‘Important court and tribunal judgments will be available via The National Archives for the first time, increasing transparency and securing free access for all.’

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Ministry of Justice, 16th June 2021

Source: www.gov.uk

Lawyer found guilty of criminal contempt of court, fined £7k for disclosing result of Supreme Court appeal prior to judgment being handed down – Local Government Lawyer

‘The Supreme Court has fined an environmental lawyer £5,000 after finding him in criminal contempt of court for deliberately disclosing the result of an appeal prior to hand down of the judgment.’

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Local Government Lawyer, 11th May 2021

Source: www.localgovernmentlawyer.co.uk

Environment lawyer fined £5k for contempt in Heathrow case – The Guardian

‘Environmental lawyer Tim Crosland has been fined £5,000 for criminal contempt of court after deliberately making public a supreme court ruling related to Heathrow airport before the result was officially announced. The judges could have jailed him for two years.’

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The Guardian, 10th May 2021

Source: www.theguardian.com

Government considers plans to create national hub for court judgments – Law Society’s Gazette

Posted May 10th, 2021 in artificial intelligence, courts, judgments, Ministry of Justice, news by tracey

‘Plans to create the first single comprehensive repository of England and Wales court judgments are being considered by the government, the Gazette understands. Such a service, run by the National Archives, would publish almost every decision made by courts and tribunals, unlike the current selective system run by the British and Irish Legal Information Institute (BAILII).’

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Law Society's Gazette, 10th May 2021

Source: www.lawgazette.co.uk

Children: Public Law Update (March 2021) – Family Law Week

‘John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.’

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Family Law Week, 24th March 2021

Source: www.familylawweek.co.uk

CA slates barristers whose failures led it to wrongly quash conviction – Legal Futures

‘The Court of Appeal has strongly criticised barristers for not realising that the transcript of a trial was incorrect because they had not paid attention to the judge’s summing-up at the time.’

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Legal Futures, 24th March 2021

Source: www.legalfutures.co.uk

Judge rejects use of frozen assets for legal expenses – OUT-LAW.com

Posted February 19th, 2021 in assets recovery, chambers articles, damages, enforcement notices, fraud, judgments, news by tracey

‘A recent ruling by the High Court in London has highlighted the benefits to businesses of using freezing orders to protect and recover assets, as well as the willingness of the courts in England and Wales to support the enforcement of judgments, experts in civil fraud and asset recovery have said.’

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OUT-LAW.com, 19th February 2021

Source: www.pinsentmasons.com

Court of Appeal allows appeal by father against abuse findings over insufficient reasoning, failure by judge to take into account material factors – Local Government Lawyer

Posted February 18th, 2021 in child abuse, domestic violence, evidence, judgments, news, reasons by sally

‘The Court of Appeal has allowed an appeal by a father over a Family Court judge’s finding that he had abused his daughter, with the matter remitted to be reheard by a different judge.’

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Local Government Lawyer, 17th February 2021

Source: www.localgovernmentlawyer.co.uk

Judge hits out at lack of regulated placement for vulnerable, suicidal 16 year old, despite 11 High Court hearings and sending series of judgments to ministers – Local Government Lawyer

‘An exasperated High Court judge has sent a fourth judgment to ministers over the continuing unavailability of a regulated placement for a vulnerable 16 year old with multifaceted difficulties and at a high risk of serious self-harm or suicide.’

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Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk

Principle of finality in litigation – Law Society’s Gazette

Posted January 19th, 2021 in delay, enforcement, judgments, jurisdiction, news, sanctions by sally

‘A judgment made in open court takes effect when it is made and not when it is subsequently sealed. The lapse of time between the making of an order in open court and sealing it may be taken by the unsuccessful party as an opportunity to rehearse legal arguments or to produce new evidence to persuade the court to revisit and amend its order before it is sealed.’

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Law Society's Gazette, 18th January 2021

Source: www.lawgazette.co.uk

BAILII grants access to judgments for mass AI analysis – Law Society’s Gazette

Posted December 14th, 2020 in artificial intelligence, judgments, news, universities by tracey

‘England and Wales court judgments are for the first time being opened to mass analysis by artificial intelligence, the Gazette can reveal. Under an agreement announced today, the British and Irish Legal Information Institute (BAILII) has granted academics at Oxford University bulk access to its database of 400,000 judgments for research purposes.’

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Law Society's Gazette, 14th December 2020

Source: www.lawgazette.co.uk

A ruling delivered in open court or in writing is capable of amounting to a confiscation order (R v Westbrook) – 5SAH

‘The Court of Appeal ruled that, as with other orders, the judge’s solemn pronouncement in court was the order and a failure to draw up a formal written document within the prescribed two-year period from the date of sentence did not invalidate it. In any event, the judge had provided written reasons, findings and figures which satisfied the statutory requirements of the Proceeds of Crime Act 2002 (POCA 2002). The Court of Appeal ruled that in the absence of prejudice or unfairness resulting from an administrative or procedural breach, it could not be argued that a failure to draw up the order rendered it invalid. The second ground of appeal (that the judge had wrongly concluded that there were hidden assets) was unarguable and leave to appeal was refused.’

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5SAH, 20th October 2020

Source: www.5sah.co.uk

Re B: Judgment or Press Release? – Transparency Project

Posted October 21st, 2020 in appeals, children, disclosure, families, judgments, medical records, news by sally

‘The judgment has generated some coverage in the legal and mainstream press, and some of the below the line comments suggest that at least within the legal community it has had a mixed reception. In this blog post I look at why that might be.’

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Transparency Project, 19th October 2020

Source: www.transparencyproject.org.uk

Falling over backwards, if at all: The “slip” rule and its application – Becket Chambers

Posted October 19th, 2020 in chambers articles, civil procedure rules, judgments, news by sally

‘Every now and then, a court may make an “error” when giving judgment and making an order. There are circumstances where the judgment or order can be amended without giving notice to the other side and without the need for another hearing, but parties must be careful to ensure any amendments reflect the original intention of the court at the time the judgment and the order were given.’

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Becket Chambers, 13th October 2020

Source: becket-chambers.co.uk