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12 June 2008
Issue: 7325 / Categories: Case law , Procedure & practice , Law digest
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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
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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
In this week’s NLJ, Fred Philpott, Gough Square Chambers, invites us to imagine there was no statutory limitation. What would that world be like?
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
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