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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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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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