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19 May 2017 / Rebecca Copcutt , Robert Wheal
Issue: 7746 / Categories: Features , Procedure & practice
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An uphill struggle

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Non-party appellants must show that their legal & equitable rights, not simply their reputation, have been affected by adverse judicial comment, explain Robert Wheal & Rebecca Copcutt

The recent decision in Gray v Boreh [2017] EWCA Civ 56 concerns the rights of individuals who did not bring or defend an action, but are nonetheless unhappy with the outcome. In many cases, this is because as part of the decision those individuals may have been the subject of adverse judicial comment which they wish to overturn.

Such persons who are not ‘full parties’ or ‘intervenors’, but who instead have been adversely affected by a judgment or court order, do have some standing and their predicament has been the subject of a number of decisions. For example, MA Holdings Ltd v George Wimpey UK Ltd and Tewkesbury Borough Council [2008] EWCA Civ 12, [2008] 3 All ER 859 established that non-parties could appeal because they fell firmly within the CPR’s definition of ‘appellant’ on the basis of the plain and ordinary meaning of the rules. More recently

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NEWS
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A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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