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Civil way: 9 August 2019

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

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
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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