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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

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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