This routinely seems to occur with Fordham J’s judgments. I appeared in Kinsey. But it also occurred in another one he has not mentioned. My own view is that this is because he leaves judgments in draft for too long. In this day and age this inevitably greatly increases the risk of such breaches occuring - no matter how diligent the main parties are. Draft judgments should be kept as such for a very short period - not for 10-14 days.
Yes LD were the other party involved in the other case I referred to above in my comment so they know how tortuous this is. However even Kinsey set out detailed guidance (again Fordham J). The simple solution is not to expect these drafts to remain somehow sacrosanct for such long periods. We are not in an era where you can squirrel a draft away and hide it pending hand down. The longer it is out there - the more likely it is that mistakes will occur.
This routinely seems to occur with Fordham J’s judgments. I appeared in Kinsey. But it also occurred in another one he has not mentioned. My own view is that this is because he leaves judgments in draft for too long. In this day and age this inevitably greatly increases the risk of such breaches occuring - no matter how diligent the main parties are. Draft judgments should be kept as such for a very short period - not for 10-14 days.
Thank you; good point. You'll have seen from the judgment that he endorsed a suggestion from Leigh Day which I didn't mention in the piece.
Yes LD were the other party involved in the other case I referred to above in my comment so they know how tortuous this is. However even Kinsey set out detailed guidance (again Fordham J). The simple solution is not to expect these drafts to remain somehow sacrosanct for such long periods. We are not in an era where you can squirrel a draft away and hide it pending hand down. The longer it is out there - the more likely it is that mistakes will occur.