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15 January 2009
Issue: 7352 / Categories: Features , Procedure & practice
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Law digest: Civil litigation

Tombstone Ltd v Raja [2008] EWCA Civ 1444, [2008] All ER (D) 180 (Dec)

(i) Where the subject-matter of an application is governed by rules in the
CPR, it should be dealt with by the court in accordance with the CPR and not by exercising the court’s inherent jurisdiction. (ii) Practitioners are advised to note the risk of the court’s negative reaction to unnecessarily long written submissions. Skeleton arguments should not be prepared as verbatim scripts to be read out. Good skeleton arguments provide an agenda for the hearing, a summary of the main points, propositions and arguments to be developed orally, a useful way of noting citations and references, a convenient place for making cross references, a time-saving means of avoiding unnecessary dictation to the court and laborious and pointless note-taking by the court. They are aids to oral advocacy, not written briefs to be used as substitutes for oral advocacy (per Lord Justice Mummery at [125]–[128]).

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MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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