header-logo header-logo

Practice Direction

17 July 2009
Issue: 7377 / Categories: Case law , Law digest
printer mail-detail

Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 1560 (Ch); [2009] All ER (D) 58 (Jul)

A Practice Direction was binding on the court and accordingly would be recognised and applied. The only exception to that would be that the obligation might yield, in a particular case, to the exercise of case management powers under the CPR.

Where there was a conflict between the legislation and a practice direction, the legislation would prevail, but if there was no conflict then the practice direction would be applied. The regularisation of the basis upon which statutory powers or discretions were to be exercised by the court was an entirely proper function of a practice direction.

Neither did it involve an unlawful restriction or fetter on the exercise of the court’s powers because the court retained the ability to exercise its specific case management powers in a way that departed from the practice if there was a good reason to do so in a particular case

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
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
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll