Judgement handed down
Judgement handed down

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Judgement handed down
  • Draft Judgement
  • Consequences of disclosure of a draft judgement
  • Response of the courts to breaches of embargo

Draft Judgement

Following any appeal hearing where the court reserves judgement and indicates that judgement is to be handed down at a later date, it should be understood by all parties that the draft judgement is embargoed and its contents confidential to counsel and solicitors in the case.

When a draft judgement is received it is to be treated confidentially, on the understanding that it has been provided to give counsel in the case the opportunity to bring to the courts attention any important factual error or omission or typographical errors prior to the ruling being handed down. A draft judgement is clearly marked on its face as confidential.

This is a draft judgement, subject to the changes indicated above, and may not necessarily be the final form of judgement.

The other important purpose of circulating a draft judgement is to allow counsel in the case to consider and prepare any applications which may arise from the judgement, so that these may be made in a timely fashion at the time that judgement is handed down.

The substance of the court's judgement may be communicated to the client no more than one hour before judgement is formally given in open court. Disregarding the requirement of confidentiality is a breach of a court ord

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