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21 May 2021 / David Burrows
Issue: 7933 / Categories: Features , Family , Technology , Procedure & practice
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Going too far in emails to judges

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Is it time for remedies against those who abuse email contact with a judge? David Burrows examines open justice & quasi-evidence
  • Emails to judges which go beyond routine case management—for example, those containing argument or ‘quasi-evidence’—is contrary to proper procedure for adducing evidence in a case, and conflicts with the principle of open justice.

A feature of modern litigation, certainly in civil proceedings, is the sending of relatively frequent emails to judges. It is impossible to imagine this ten years ago; and it was developing pre-COVID. If the content of these emails is well-judged, this may all be helpful to case management and to the efficiency of the justice system (subject to the open court point mentioned below). If, however, emails go beyond routine case management—for example, if emails contain argument with the judge (before or after judgment) or what by any standard is evidence, or ‘quasi-evidence’ (see Fraser J, below)—then different questions arise.

Take the following (say) sent direct to a circuit judge. Imagine

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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