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30 September 2022 / Mary Young , Rebecca Ryan
Issue: 7996 / Categories: Features , Profession
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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

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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