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25 February 2010 / Janna Purdie
Issue: 7406 / Categories: Features , LexisPSL
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Bones of contention

Tools of an oral hearing are not verbatim scripts, says Janna Purdie

The Court of Appeal has recently been highly critical of the extent of the appeal bundles before it, particularly the excessive length of the skeleton arguments. It has called on practitioners to stop this tendency. (Midgulf International Ltd v Groupe Chimique Tunisien [2010] EWCA Civ 66), [2010] All ER (D) 114 (Feb).

In the Midgulf case, the appeal bundles contained 15 lever arch files, five of these included over 100 authorities and three files which, although referred to as core bundles, were not referred to at all during the appeal. The appellant’s skeleton ran to 132 pages and the supervising Lord Justice had to order the appellant to produce a proper summary of argument. Although it did so, it complained it was unable to develop its arguments properly and referred back to its detailed argument in the initial skeleton. When asked to explain why the Court of Appeal had been burdened with so many documents, the solicitor advocate for the appellant explained that

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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
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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