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05 March 2010
Issue: 7407 / Categories: Case law , Law digest
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Judgments

R (on the application of Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2010] All ER (D) 301 (Feb)

Draft judgments were necessarily circulated in confidence. It followed that all communications in response were covered by the same principle.

The circulation of draft judgments under strict terms of confidentiality had produced greater efficiency in the administration of justice (both civil and criminal) and improved convenience for the parties involved in the litigation, without any corresponding disadvantages to the legitimate public interest in the decisions reached by the court and the reasons for those decisions.

There was a temptation to declare that the confidentiality principle as it applied to draft judgments should never be waived. However, in the context of judicial processes directed to the better administration of justice adamantine rigidity would fail to allow for cases of high exceptionality.
 

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
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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