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25 February 2010 / Janna Purdie
Issue: 7406 / Categories: Features , LexisPSL
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Bones of contention

Tools of an oral hearing are not verbatim scripts, says Janna Purdie

The Court of Appeal has recently been highly critical of the extent of the appeal bundles before it, particularly the excessive length of the skeleton arguments. It has called on practitioners to stop this tendency. (Midgulf International Ltd v Groupe Chimique Tunisien [2010] EWCA Civ 66), [2010] All ER (D) 114 (Feb).

In the Midgulf case, the appeal bundles contained 15 lever arch files, five of these included over 100 authorities and three files which, although referred to as core bundles, were not referred to at all during the appeal. The appellant’s skeleton ran to 132 pages and the supervising Lord Justice had to order the appellant to produce a proper summary of argument. Although it did so, it complained it was unable to develop its arguments properly and referred back to its detailed argument in the initial skeleton. When asked to explain why the Court of Appeal had been burdened with so many documents, the solicitor advocate for the appellant explained that his intention was to provide all written materials so that

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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