header-logo header-logo

23 February 2022
Issue: 7968 / Categories: Legal News , In Court , Family , Litigants in person
printer mail-detail

Judges advised to keep their distance

The Court of Appeal has warned judges to ‘remain above the fray and neutral’ where cases involve litigants in person

Ruling in Rea and Others v Rea [2022] EWCA Civ 195, All ER (D) 91 (Feb), the court sent a wills dispute brought by the children of Anna Rea back to the High Court for retrial. A transcript of part of the hearing shows the Deputy Master intervening to ask questions of the daughter, who was represented by counsel, on behalf of the brothers, who were unrepresented.

Giving the main judgment, Lord Justice Snowden said the appeal arose ‘as a result of a genuine mistake by the Deputy Master’ in restricting the appellants from cross-examining the respondent on certain key matters. It was accepted that the Deputy Master had not been biased or exhibited any hostility or ill-will towards the appellants, in fact taking ‘various steps during the hearing’ to assist them to present their case. Snowden J said the issue at stake was ‘essentially whether those steps remedied the prejudice caused by the Deputy Master's earlier mistake, so that, taken as a whole, the trial was fair’.

He highlighted that the civil litigation system is adversarial not inquisitorial, and there is a ‘world of difference’ between the type of questions asked in examination-in-chief and those asked in cross-examination. Therefore, the Deputy Master should not have intervened to say the questions had already been asked and the appellants had little to gain from going over the same ground.

Giving judgment, Lord Justice Lewison said: ‘The outcome is a tragedy for the whole family.

‘The tangible benefits deriving from the relatively modest estate will have been seriously depleted by the costs of the original trial and the appeal. A further trial may well exhaust them completely. Like Snowden LJ, I urge the family to do everything possible to arrive at a consensual solution.’

Issue: 7968 / Categories: Legal News , In Court , Family , Litigants in person
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll