Placing restrictions on the sharing of draft judgments risks creating a host of problems for legal teams & their clients, as Mary Young & Rebecca Ryan explain
- Seemingly in response to recent breaches of the embargo over draft judgments, some judges have begun to hand these down with additional conditions on circulation.
- Some drafts have been provided on extremely short notice, with parties or instructing solicitors first having sight of the judgment at practically the same time as the public and press. This can create difficulties for both clients and their legal teams, for a number of reasons.
It has long been the practice of civil courts who have reserved judgment to send a draft embargoed judgment to parties and their legal teams (counsel and instructing solicitors) in advance (usually a day or two) of the judgment being formally handed down publicly.
The purpose of handing down judgment in this way is ‘to enable the parties to make suggestions for the correction of errors, prepare submissions and agree orders on consequential matters and to prepare themselves for the publication
