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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
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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