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NEWS
The House of Commons Procedure Committee published its third report of session 2024–25, rejecting the formal recognition of technical groups in parliamentary procedure. The Committee found that these groups have no basis in the Standing Orders and do not meet the regulatory and transparency obligations required of registered political parties. The report also addressed the use of the term ‘independent’ for Members of Parliament who lose party affiliation during a term. To improve clarity, the Committee proposed that the House Administration trial updates to the parliamentary website to make MPs’ party affiliation histories more visible and to clarify the use of the ‘independent’ label. The Committee noted that independent MPs currently enjoy broadly equivalent procedural rights to those of party-affiliated members.
NEWS
The Commons Procedure Committee has made a series of recommendations about elections within the House of Commons, both for Speaker and Deputy Speaker roles, and for select committee chairs.
NEWS
The Procedure and Privileges Committee has recommended that the House of Lords agree to a new Standing Order, which outlines the procedure by which a person may give and sign a notice of resignation on behalf of a peer who lacks capacity to do so personally. The Committee has also recommended that the House agree to the proposed amendments to the Companion relating to the new Standing Order.
NEWS
The Procedure and Privileges Committee has published its second report of session 2023-2024, proposing a new Standing Order which would temporarily exclude members who have been formally charged with a serious or violent offence from the parliamentary estate as well as changes to the Companion about statements on trade between Northern Ireland and the rest of the United Kingdom. The report also recommends changes to the Standing Order and the Companion of the Finance Committee following establishment of the Financial Services Regulation Committee, and seeks agreement of the Parliament to these changes.
NEWS
IP analysis: This appeal is part of a broader legal dispute over the alleged misuse of Getty Images (US), Inc's (‘Getty’) content by Stability AI Ltd (‘Stability’) to train its generative AI model, Stability Diffusion. In this particular claim, Getty alleged that the model's ability to generate offensive material, including pornography and child sexual abuse material (‘CSAM’), could tarnish Getty's brand. The High Court ruled that ‘pornography’ in Getty's pleadings excluded CSAM, thus preventing such material from being introduced. On appeal, Getty claimed the CSAM should be included. The Court of Appeal agreed that the High Court had misinterpreted the term and that CSAM did fall under the scope of ‘pornography’, but found that Getty's own pleadings explicitly excluded CSAM-related allegations. Therefore, the exclusion of CSAM evidence stood. This case highlights the importance of precise pleadings, especially in such complex litigation. Regardless of the fact that this particular case dealt with novel issues and technological context, the court will continue to enforce strict procedural boundaries, highlighting the importance of adhering carefully to court procedure. Written by Saher Amin, trainee solicitor and Helene Whelbourn, legal director at Lee & Thompson LLP.
PRACTICE NOTES
This Practice Note sets out the procedure at an Employment Appeal Tribunal (EAT) main hearing, including the bench composition, whether hearings are held in public or in private, the circumstances in which remote observation and recording of proceedings are allowed, when hearings may be conducted remotely, and how judgments are handed down. For information on how to contact the Employment Appeal Tribunal, and cause lists, see the HMCTS: Employment Appeal Tribunal guidance. Hearings in the EAT are generally in person but may take place in whole or in part remotely, by the use of electronic communications, if it is considered just and equitable in the interests of justice. For further information, see Types of EAT hearings (in-person, wholly remote or partially remote), below Appearance and representation before the EAT is permitted on much the same basis as before employment tribunals. A party may appear in person or be represented by counsel, a solicitor, a trade union or employers' association representative or by any other person whom they wish to represent them. Composition of EAT Under section
PRACTICE NOTES
A coroner conducting an investigation into a death must hold an inquest which should, wherever possible, be completed within six months from ‘the date on which the coroner is made aware of the death, or as soon as is reasonably practicable after that date’. The procedure to be followed at an inquest is contained in Coroners and Justice Act 2009 (CJA 2009) and the Coroners (Inquests) Rules 2013, SI 2013/1616 (CIR 2013). For further information on when deaths should be referred to a coroner, see Practice Note: Coroners' inquests—an introductory guide. The public nature of inquests Open justice is fundamental to the common law and is integral to protecting the rights of those involved in court proceedings. This principle applies equally to inquests and is supported by both Articles 2 and 10 of the European Convention on Human Rights (ECHR). This means that the public are entitled to attend inquests, unless the coroner considers it is in the interests of national security to exclude them. Such situations are rare, but if they arise the coroner has
PRACTICE NOTES
The Employment Tribunal Rules of Procedure 2024 (ET Rules 2024), SI 2024/1155, classify all hearings as either preliminary or final hearings. The scope of what these two types of hearing may cover is different, as are the ET Rules which govern their procedure. For information on preliminary hearings, see Practice Note: Preliminary hearings in the employment tribunal. This Practice Note considers the procedure at a final employment tribunal hearing. For information on how to prepare for an employment tribunal final hearing, see Practice Note: Preparation for employment tribunal final hearing. Final hearing defined A final hearing is a hearing at which the tribunal determines the claim or such parts as remain outstanding following: • the initial consideration (under ET Rules 2024, SI 2024/1155, Rule 27—see Practice Note: Initial consideration by employment tribunal of claim, response and reply), or • any preliminary hearing (under ET Rules 2024, SI 2024/1155, Rule 52—see Practice Note: Preliminary hearings in the employment tribunal) There may be different final hearings for different issues (for example, liability, remedy or costs). For
PRACTICE NOTES
This Practice Note explains the procedure which must be followed during the initial stages of a Crown Court trial through to the evidence and speeches in accordance with Part 25 of the Criminal Procedure Rules 2025, SI 2025/909, (CrimPR 2025) and the Criminal Practice Directions 2023 (CPD). For information on the procedure which must be followed during the latter stages of a Crown Court trial, including directing the jury, taking verdicts, summing up and sentencing, see Practice Note: Procedure during a Crown Court trial—summing up and directing the jury. Arraignment in criminal cases In the Crown Court, the defendant must be arraigned (ie when their plea is taken) within specific time limits set by CrimPR 2025, SI 2025/909, r 3.32. Arraignment must take place between a minimum of ten business days after sending to the Crown Court (unless the parties agree otherwise) and a maximum of 80 business days after sending to the Crown Court (unless a Crown Court judge directs otherwise). In order to take a defendant’s
PRACTICE NOTES
This Practice Note explains the procedure which must be followed during the latter stages of a Crown Court trial and sentencing in accordance with Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909 and the Criminal Practice Directions. For information on the initial stages of a trial on indictment and on the hearing of evidence in a Crown Court trial, see Practice Note: Procedure during a Crown Court trial—arraignment, trial requirements and evidence. Closing speeches at the end of the evidence: prosecution and defence At the conclusion of the evidence, the prosecutor may make final representations, where: • the defendant has a legal representative • the defendant has called at least one witness, other than the defendant him or herself, to give evidence in person about the facts of the case, or • the court so permits A closing speech should assist the jury to understand the prosecution case, not seek to entertain or otherwise bring the case to life. In R v Solloway,
PRACTICE NOTES
This Practice Note provides guidance on the steps to be taken by a respondent following service of an application for a matrimonial or civil partnership order in proceedings issued post-Divorce, Dissolution and Separation Act 2020 (DDSA 2020). It details the time for filing the acknowledgment of service and explains disputed proceedings and the 20-week period. It also covers the procedure for an applicant (or applicants on a joint application) to apply for a conditional order. DDSA 2020 came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010, SI 2010/2955 (FPR 2010). For further information as to the changes that have been introduced, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted using the His Majesty’s Courts
PRACTICE NOTES
This Practice Note explains the process following service of the judicial separation petition (application for a matrimonial order), in relation to applications issued prior to 6 April 2022. It sets out the time within which the acknowledgment of service must be returned. It explains what a respondent who wishes to defend proceedings must do and the time within which an answer must be filed and also what a respondent who wishes to seek a matrimonial order must do. Note that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010, SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law. Such applications will not be impacted