From: Mitchell, Charles <charles.mitchell@ucl.ac.uk>
To: ENRICHMENT@LISTS.MCGILL.CA
obligations@uwo.ca
Date: 23/05/2013 10:54:07 UTC
Subject: Electronic justice

In this exam season, colleagues may be wondering what to do with assessed written work found wanting by turnitin software. They may take some guidance from Crinion v IG Markets Ltd [2013] EWCA Civ 587, online at http://www.bailii.org/ew/cases/EWCA/Civ/2013/587.html . The issue was whether a serious procedural irregularity had been committed, causing the decision to be unjust under CPR 52.11 (3) (b), where 94% of the judgment was a word-for-word copy of the closing submissions by counsel for the claimant. At [39] Sir Stephen Sedley observes that information technology 'has made it seductively easy to do what the judge did in this case', but 'has also made it embarrassingly easy to demonstrate what he has done.' He also reminisces about the days when 'the occasional judge, familiar to an earlier generation of counsel, … would pick up his pen (sometimes for the first time) and require the favoured advocate to address him at dictation speed.' Best wishes, Charles

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Professor Charles Mitchell
Faculty of Laws
University College London
Bentham House
Endsleigh Gardens
LONDON WC1H 0EG

tel: +44 (0)20 7679 4517

http://www.ucl.ac.uk/laws/academics/profiles/index.shtml?mitchell-charles