PRACTICE AND PROCEDURE: Egan v Motor Services (Bath), [2007] The Times December 24

18 OCT 2007

(Court of Appeal; Smith, Ward and Arden LJJ; 18 October 2007)

Counsel were not to use sight of draft judgments as an opportunity to request that the judge reconsider a point of substance. Drafts were sent to enable parties to identify points of spelling, minor factual errors and typography, to seek agreement on costs, and to consider an appeal. Only in the most exceptional circumstances was it appropriate to ask the judge to reconsider a point of substance, e.g. a failure to give adequate reasons; a decision on a point not argued properly before the judge; or the judge's reliance on an authority not considered during the hearing. In such a case the appropriate course would be to ask the judge either to reconvene for further argument, or to receive written submissions from both sides.

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