header-logo header-logo

12 June 2008
Issue: 7325 / Categories: Case law , Procedure & practice , Law digest
printer mail-detail

CIVIL LITIGATION

Hicks v Russell Jones & Walker [2007] EWCA Civ 844, [2008] 2 All ER 1089

Rule 52.10(2)(b) of the Civil Procedure Rules gives the appeal court power to refer any claim or issue for determination by the lower court. Normally, that is likely to arise where the appeal court has taken a view that a particular issue is necessary for decision, but that it could be better for it to be decided at first instance.

The power is defined in sufficiently general terms to allow, in a case where it appears to be just and convenient, for a point to be referred back for determination by the lower court, even if it is only contingently relevant in the context of an appeal that is still pending (Lord Justice Lloyd at 15).

Issue: 7325 / Categories: Case law , Procedure & practice , Law digest
printer mail-details

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

back-to-top-scroll