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23 February 2024
Issue: 8060 / Categories: Legal News , Procedure & practice
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NLJ this week: Fast and efficient summary judgment or slow path to trial?

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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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