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18 July 2013 / Alec Samuels
Issue: 7569 / Categories: Features
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Judges in the dock

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Alec Samuels navigates a potential solution for judicial mishaps

The judge makes an error in his judgment. Hopefully the error will be spotted, brought to his attention, and rectified. If the error is not discovered until after the order is entered then the only remedy is for a party to seek permission to appeal; although before deciding whether or not to grant permission the Court of Appeal may seek amplification from the judge, as the error may be merely typographical or otherwise minor and of no consequence.

In a straightforward case the judge may at the end of the evidence and the submissions deliver a final judgment, with reasons, and there is an end for it. Or he may find for the claimant or defendant, but give his reasons later. Or he may reserve judgment. If the case is simple, of if there is an element of urgency involved, he may simply hand down the written judgment, and there is an end of it. However, prudence indicates that wherever possible a confidential draft should

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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