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05 December 2025
Issue: 8142 / Categories: Legal News , Procedure & practice , Fraud
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NLJ this week: Debarment orders—shortcut or minefield?

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In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof

Young highlights that a debarred defendant’s pleadings do not vanish: admissions may still narrow issues, and courts retain discretion to permit limited participation where necessary to assist judicial understanding.

Recent cases, including Candy Ventures and the FCA litigation, show courts resisting attempts by debarred parties to cross-examine or advance positive cases, emphasising that such engagement would undermine the order’s purpose. Yet judges sometimes allow minimal submissions to clarify issues or correct errors.

Young concludes that debarment is often less a shortcut to judgment than a nuanced trial management tool, requiring careful drafting and realistic expectations from claimants.

MOVERS & SHAKERS

NLJ Career Profile: Greg Cox, Simpson Millar

NLJ Career Profile: Greg Cox, Simpson Millar

Simpson Millar CEO Greg Cox talks landmark cases, legal reform and why the profession is crying out for more simplicity

Winckworth Sherwood—Lee Ranford

Winckworth Sherwood—Lee Ranford

Partner joins team as head of restructuring

Burgess Mee—Susie Barter

Burgess Mee—Susie Barter

Family law firm strengthens offering with partner hire

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
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