header-logo header-logo

30 September 2022 / Mary Young , Rebecca Ryan
Issue: 7996 / Categories: Features , Profession
printer mail-detail

Embargoes: ‘I saw it first!’

Placing restrictions on the sharing of draft judgments risks creating a host of problems for legal teams & their clients, as Mary Young & Rebecca Ryan explain
  • Seemingly in response to recent breaches of the embargo over draft judgments, some judges have begun to hand these down with additional conditions on circulation. 
  • Some drafts have been provided on extremely short notice, with parties or instructing solicitors first having sight of the judgment at practically the same time as the public and press. This can create difficulties for both clients and their legal teams, for a number of reasons.

It has long been the practice of civil courts who have reserved judgment to send a draft embargoed judgment to parties and their legal teams (counsel and instructing solicitors) in advance (usually a day or two) of the judgment being formally handed down publicly.

The purpose of handing down judgment in this way is ‘to enable the parties to make suggestions for the correction of errors, prepare submissions and agree

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll