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30 May 2013
Issue: 7562 / Categories: Case law , Law digest , In Court
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Judgment

IG Markets Ltd v Crinion and another [2013] EWCA Civ 587, [2013] All ER (D) 272 (May)

A judge would often derive great assistance from counsel’s written submissions, and there was nothing inherently wrong in his making extensive use of them, with proper acknowledgement, whether in setting out the facts or in analysing the issues or the applicable legal principles or indeed in the actual dispositive reasoning. However, where that occurred, the judge had to take care to make it clear that he or she had fully considered such contrary submissions as had been made and had brought their own independent judgment to bear. The more extensive the reliance on material supplied by only one party, the greater the risk that the judge would in fact fail to do justice to the other party’s case. However, to say that the judgment was defective, even seriously, was not necessarily to say that there had been an injustice which required an appeal to be allowed. If it was possible to demonstrate that, whatever the first impression created by the way

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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