header-logo header-logo

Embargoes: ‘I saw it first!’

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
back-to-top-scroll