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NLJ this week: Fast and efficient summary judgment or slow path to trial?

23 February 2024
Issue: 8060 / Categories: Legal News , Procedure & practice
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Does the slow route deliver better justice, asks Dr Anil Balan in this week’s NLJ

Balan is referring to summary judgment under Pt 24 of the Civil Procedure Rules, a ‘legal procedure that allows judges to rule on cases without a full trial if one party’s claim has no real prospect of success and there is no other compelling reason to have a trial, saving time and money for all involved’.

‘But like any shortcut,’ Balan notes, ‘it raises concerns: does it trample on the fundamental right to a fair trial?’

Balan sets out recent case law illustrating the pitfalls and safeguards at play. He highlights the advantages of a ‘robust appeal system’ and of judges working within a well-defined framework to ensure clarity and transparency. He writes that, with clear guidelines in place, the ‘crucial balance’ can be maintained.

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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