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24 May 2012
Issue: 7515 / Categories: Features , Civil way , Procedure & practice
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Civil way: 25 May 2012

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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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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