Denning wrote:I would welcome your viewpoints especially on the aspect of the judge not reading the Claimant's application and pleadings?
Hairyloon wrote:Denning wrote:I would welcome your viewpoints especially on the aspect of the judge not reading the Claimant's application and pleadings?
Upon what basis do you assert that he had not read the papers?
dls wrote:There will be occasions when a judge is being asked to deal with a particular and precise issue. A party may submit papers which are not relevant to that issue. It can easily be appropriate not to read such.
Such cases must be particular and individual, and no doubt great care has to be taken.
There are recent high profile examples where the rules place limits on the extent of paperwork to be submitted, and parties have been penalised for breaking them. I seem to remember one where there was an explicit and proper 'robust' refusal to read them.
We are moving more and more to the need for robust (brutal) case management.
We cannot, of course, say whether the judge was right in this exact case, but the question being asked in principle, the answer in principle is that the balance has shifted. Parties are not free to argue every last possible point where the points being made may be hopeless or irrelevant, and judges are told to act accordingly. SOmetimes judges will get it wrong, and sometimes parties will bring it upon themselves.
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