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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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