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Swift justice?

14 October 2016 / Richard Langley
Issue: 7718 / Categories: Opinion
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Abolishing renewal hearings may tackle the appeals backlog, but at what price? Richard Langley reports

It is a truth, not universally acknowledged by the senior judiciary, that each wave of judge-led procedural reforms has involved the creation of new procedure that only serves to add to the legal costs being incurred. Costs budgeting is the most obvious recent example.

It is only fair to acknowledge therefore that we now have a reform in relation to appeals to the Court of Appeal which will remove a significant part of the appeal process and all the costs that go with it.

With effect from 3 October 2016, when an application for permission to appeal is made to the Court of Appeal, the application will be determined on paper without an oral hearing. Gone is the automatic right to have a refusal on the papers reconsidered at a hearing (known as a “renewal hearing”). In its place is a discretion to direct an oral hearing (a discretion which the judge must exercise if he or she takes the view that the

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
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