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08 August 2019
Issue: 7852 / Categories: Features , Procedure & practice , Civil way
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Civil way: 9 August 2019

Draft respect; insurers’ road block; child support changes; CPR update

CURSING THE DRAFT

Judgment has been reserved and the judge has been silly enough to circulate a draft judgment before handing down instead of delivering an oral judgment in due course and daring the loser to pay an arm and a leg for a transcript. And you don’t think much of the draft. According to King LJ in I Children [2019] EWCA Civ 898, it has become almost routine in family court children and financial remedy cases for the draft to be followed up with extensive requests to the judge for ‘clarification’ which in many cases are no more than attempts to reargue or water down. On occasions, these requests can be confrontational and disrespectful in tone.

Receiving a draft judgment is not an ‘invitation to treat’, stated the appeal judge. Nor was it an opportunity to critique the judgment or to enter into negotiations with the judge as to the outcome or to reargue the case in an attempt to water

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
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