judgments – Page 4 – Current Awareness

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.’

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

Posted October 30th, 2020 in appeals, chambers articles, confiscation, judges, judgments, news, proceeds of crime, time limits by sally

‘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.’

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.’

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.’

Becket Chambers, 13th October 2020

Source: becket-chambers.co.uk

“Devious” litigant tried to mislead court over previous ruling – Litigation Futures

Posted June 29th, 2020 in deceit, documents, forgery, judgments, news, repossession by sally

‘A “devious” litigant produced an inaccurate transcript of an earlier judgment in the latest of a series of “forgeries” of court documents, a High Court judge has found.’

Litigation Futures, 29th June 2020

Source: www.litigationfutures.com

Judge explains himself in writing after phone hearing fails – Legal Futures

Posted May 13th, 2020 in coronavirus, courts, fees, judges, judgments, law firms, litigants in person, live link evidence, news by sally

‘A High Court judge has been forced to issue a detailed judgment in writing because his voice was “breaking up” at the end of a telephone hearing with a litigant in person (LiP) and the law firm suing her for fees.’

Legal Futures, 13th May 2020

Source: www.legalfutures.co.uk

Publication and correction of judgments – official and unofficial sources – Transparency Project

Posted April 29th, 2020 in courts, internet, judgments, judiciary, Ministry of Justice, news, tribunals by sally

‘Who is responsible for publishing the official approved version of judgments of the courts? Where should we look to find the latest, in some cases corrected, version of a court judgment? These are not new questions, but the sudden swerve to virtual justice has thrown them into new focus.’

Transparency Project, 29th April 2020

Source: www.transparencyproject.org.uk

Re Z – transparency and participation in the Court of Protection – Transparency Project

Posted April 28th, 2020 in contraception, Court of Protection, disabled persons, judgments, news, practice directions, remote hearings by sally

‘A judgment published this week on BAILII, Re Z, also, Oxford University Hospitals NHS Foundation Trust v Z (by her litigation friend, the Official Solicitor) [2020] EWCOP 20, is notable on two counts. First, that the case is described by the judge, Knowles J, as being held in public, although it was in fact a remote online hearing. Second, that “Z”, the 22 year old woman at the centre of the case had asked to be able to join the hearing but this had not been arranged.’

Transparency Project, 25th April 2020

Source: www.transparencyproject.org.uk

Jurisdiction and the Recognition and Enforcement of Judgments After Brexit – 4 New Square

Posted January 28th, 2020 in brexit, EC law, enforcement, foreign jurisdictions, judgments, jurisdiction, news by sally

‘The European Union (Withdrawal Agreement) Act 2020 gained Royal Assent on 23 January 2020 (“the Withdrawal Agreement Act”).’

4 New Square, 27th January 2020

Source: www.4newsquare.com

Judges’ sentencing in high-profile court cases to be televised – The Guardian

Posted January 16th, 2020 in judgments, media, news, sentencing by sally

‘Judges sentencing convicted offenders in high-profile criminal cases in England and Wales, including murders, rapes and other serious offences, will be televised from later this year, the Ministry of Justice has said.’

The Guardian, 16th January 2020

Source: www.theguardian.com

An appeal is not a form of gratuitous essay-marking exercise – Practical Law: Construction Blog

Posted November 22nd, 2019 in appeals, contracts, judgments, news, sale of land by tracey

‘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

Source: constructionblog.practicallaw.com

Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia – Supreme Court

Posted November 14th, 2019 in arbitration, artificial intelligence, contracts, enforcement, foreign jurisdictions, judgments, Privy Council, rule of law, speeches, Supreme Court by tracey

‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’

Supreme Court, 5th November 2019

Source: www.supremecourt.uk

Claimant wanted to use draft ruling to extract settlement – Litigation Futures

Posted October 31st, 2019 in judgments, negligence, news, third parties, warranties by sally

‘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

Privatbank v Kolomoisky and ors – Blackstone Chambers

Posted October 29th, 2019 in enforcement, freezing injunctions, joinder, judgments, jurisdiction, news by sally

‘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

A short judgment must be a careful judgment… or risk a retrial – Practical Law Dispute Resolution Blog

Posted October 29th, 2019 in judgments, news, reasons, retrials by sally

‘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

Source: disputeresolutionblog.practicallaw.com

‘Matter of time’: lawyers optimistic about enforcing foreign judgments – Law Society’s Gazette

Posted October 2nd, 2019 in enforcement, foreign jurisdictions, judgments, news, treaties by sally

‘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

BAILII and the re-use of judgments as public legal information – Transparency Project

Posted October 1st, 2019 in confidentiality, copyright, internet, judgments, news, privacy by sally

‘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

Court rejects appeal against judgment delivered after 18 months – Law Society’s Gazette

Posted July 26th, 2019 in appeals, debts, delay, fraud, judges, judgments, misrepresentation, news by tracey

‘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

CA threatens costs penalty for non-compliant authority bundles – Litigation Futures

Posted July 23rd, 2019 in appeals, case management, costs, judgments, law reports, news, penalties, practice directions by sally

‘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

Court of Appeal: Draft judgments not an “invitation to treat” – Litigaiton Futures

Posted June 4th, 2019 in appeals, drafting, interpretation, judges, judgments, news by sally

‘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

«
1
2
3
4
5
6
7
8
9
…
16
»

Categories

Archives