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.
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