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Law digest: Civil litigation

15 January 2009
Issue: 7352 / Categories: Features , Procedure & practice
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Tombstone Ltd v Raja [2008] EWCA Civ 1444, [2008] All ER (D) 180 (Dec)

(i) Where the subject-matter of an application is governed by rules in the
CPR, it should be dealt with by the court in accordance with the CPR and not by exercising the court’s inherent jurisdiction. (ii) Practitioners are advised to note the risk of the court’s negative reaction to unnecessarily long written submissions. Skeleton arguments should not be prepared as verbatim scripts to be read out. Good skeleton arguments provide an agenda for the hearing, a summary of the main points, propositions and arguments to be developed orally, a useful way of noting citations and references, a convenient place for making cross references, a time-saving means of avoiding unnecessary dictation to the court and laborious and pointless note-taking by the court. They are aids to oral advocacy, not written briefs to be used as substitutes for oral advocacy (per Lord Justice Mummery at [125]–[128]).

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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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