header-logo header-logo

17 July 2009
Issue: 7377 / Categories: Case law , Law digest
printer mail-detail

Practice Direction

Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 1560 (Ch); [2009] All ER (D) 58 (Jul)

A Practice Direction was binding on the court and accordingly would be recognised and applied. The only exception to that would be that the obligation might yield, in a particular case, to the exercise of case management powers under the CPR.

Where there was a conflict between the legislation and a practice direction, the legislation would prevail, but if there was no conflict then the practice direction would be applied. The regularisation of the basis upon which statutory powers or discretions were to be exercised by the court was an entirely proper function of a practice direction.

Neither did it involve an unlawful restriction or fetter on the exercise of the court’s powers because the court retained the ability to exercise its specific case management powers in a way that departed from the practice if there was a good reason to do so in a particular case

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll