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Civil way: 25 May 2012

24 May 2012
Issue: 7515 / Categories: Features , Civil way , Procedure & practice
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Nine lives too many & a concurrence conundrum for George

RIGHT CITES

That’s Civil way and the Beano, Sun and Star Law Reports virtually out of the window. The Lord Chief Justice’s Practice Direction: Citation of Authorities (2012) [2012] All ER (D) 190 (Mar), which tinkers with previous directions on the topic, disposes of the rubbish. It is intended to have application in all courts, civil and criminal, below the Supreme Court.

If you are citing an authority to the court then you are required to produce a report from the Official Law Reports if they have covered the case. They are favoured because they contain a summary of the argument. And if they have not covered the case, you can rely on the All England or Weekly Law Reports. Where the case has escaped all three publications, a report from one of the authoritative specialist series of reports will be acceptable, provided there is a headnote and the report is by someone holding a senior courts qualification. Should none of them have

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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