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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll