header-logo header-logo

Home Login E-newsletter About us
08 August 2019
Issue: 7852 / Categories: Features , Procedure & practice , Civil way
printer mail-detail

Civil way: 9 August 2019

© Copyright LexisNexis 2026. All Rights Reserved.

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Read All
NLJ this week: ‘Joe Donor’ ruling exposes dangers of unregulated conception
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
NLJ this week: CILEX warns Mazur ruling must spark reform
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
NLJ this week: Conditional job offers carry hidden risks for employers
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
NLJ this week: Diamond rings and broken promises

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

NLJ this week: The battle over medical report fees intensifies
Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
Copyright © 2026 LexisNexis
back-to-top-scroll