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Omission of an authority

Pechorin · 2014-03-10 16:01:22

What are people's experiences of a party accidentally, or without proper foresight, omitting an important authority from the book placed before the court? If the omission is genuine, there should be no problem, right? Or would a court take a dim view of this practice as an unfair blitzing of the other side, leaving them…

10-03-2014 4:01pm

#1

Pechorin

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What are people's experiences of a party accidentally, or without proper foresight, omitting an important authority from the book placed before the court?

If the omission is genuine, there should be no problem, right? Or would a court take a dim view of this practice as an unfair blitzing of the other side, leaving them short in open court (if they were unaware of this authority, or had not explored this authority themselves)

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#2 10-03-2014 8:56pm

benway

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Happens all the time in the High Court that I've seen. Generally passes without any major incident so long as everyone gets a copy (ideally before the court sits that day) and appropriate apologies are made. May result in harrumphing and/or mock incredulity from the silks, but I've certainly seen it happening on quite a number of occasions. No idea how it'd play in the Circuit, though.

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