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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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
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