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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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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