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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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