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30 May 2014
Issue: 7608 / Categories: Case law , Law digest , In Court
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Natural justice

Otkritie International Investment Management Ltd and others v Urumov [2014] EWHC 1323 (Comm), [2014] All ER (D) 80 (May)

It was clear from the authorities that apparent bias was not demonstrated by the mere fact that a judge, earlier in the same case or a previous case, had commented adversely on a party or a witness, or found the evidence of a party or witness to be unreliable. The fact that the judge had expressed himself, in part, in clear terms would not necessarily justify any different conclusion. As to the question of “overlap” or “identity of issue”, although “identity of issue” was a test easier to apply than “analogy” or “overlap”, absolute identity would lead in the direction of issue estoppel (at least in civil matters) and would not matter. In any event, the judge’s findings were part of the res gestae of the proceedings which would need to be considered anyway for any relevance in the context of any committal proceedings.

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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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