Sunday, 2 June 2013


Since no one else has seen fit to put in context the recent critical Court of Appeal decision in CRINION V IG MARKETS LTD i thought i would.
The trial Judge was criticised aggressively by Underhill LJ for having structured his judgment around the written submissions of a party to the dispute. This was perhaps not clever but it was blindingly obvious to all where the text had come from. It certainly was not laziness ( see below ). The Trial Judge  used those submissions for they were accurate.
1. The judgment was upheld in every single respect.
2.The case was complex.  Fourteen issues were quite properly identified.Trial involved 4 days of evidence and then another day for oral submissions.
3.Those submissions were made on december 13th 2012. Despite complexity and Christmas the judgment was circulated in early January and formally handed down on January 26th.
4. Judgments were entered for £1.3 m and £800,000 in round figures , significant amounts , upheld to the last  penny.
5.The main appellate  judgment was delivered by Underhill LJ a whole 8 days after he had been elevated.He managed to incorporate a reference to another case decided by himself.
6. There is no one but no one out there who has done more to speak , unpaid and at his own expense, about reform and technology in the last year and i include Ramsey J and Sir Rupert in that field. The latter has had the very best of reasons for withdrawing and no criticism is intended. 
7. So there.