header-logo header-logo

14 May 2010
Issue: 7417 / Categories: Case law , Law digest
printer mail-detail

Civil procedure

Al Rawi and others v Security Service and others [2010] EWCA Civ 482, [2010] All ER (D) 03 (May)

(i) Applicable principles of common law were that: (a) that a trial was conducted on the basis that each party and his lawyer, saw and heard all the evidence and all the argument seen and heard by the court; (b) a party to litigation should know the reasons why he won or lost, so that a judge’s decision would be liable to be set aside if it contained no, or even insufficient, reasons; and (c) trials should be conducted in public, and judgments should be given in public.

(ii) The principle that a litigant should be able to see and hear all the evidence which was seen and heard by a court determining his case was so fundamental, so embedded in the common law, that, in the absence of parliamentary authority, no judge should override it, at any rate in relation to an ordinary civil claim, unless (perhaps) all parties to the claim agreed otherwise. So far as the

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll