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NLJ this week: Fast and efficient summary judgment or slow path to trial?

23 February 2024
Issue: 8060 / Categories: Legal News , Procedure & practice
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Does the slow route deliver better justice, asks Dr Anil Balan in this week’s NLJ

Balan is referring to summary judgment under Pt 24 of the Civil Procedure Rules, a ‘legal procedure that allows judges to rule on cases without a full trial if one party’s claim has no real prospect of success and there is no other compelling reason to have a trial, saving time and money for all involved’.

‘But like any shortcut,’ Balan notes, ‘it raises concerns: does it trample on the fundamental right to a fair trial?’

Balan sets out recent case law illustrating the pitfalls and safeguards at play. He highlights the advantages of a ‘robust appeal system’ and of judges working within a well-defined framework to ensure clarity and transparency. He writes that, with clear guidelines in place, the ‘crucial balance’ can be maintained.

MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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