Jurisdiction(s):
United Kingdom

Embargoed Draft Judgments: Confidentiality Obligations, Breach Consequences and Court of Appeal Response (England and Wales)

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Practice notes

Draft Judgement

Following any appeal hearing where the court withholds judgement and signals that it will be delivered on a later date, all parties must appreciate that any draft judgement is under embargo and its content is confidential to the case’s counsel and solicitors. On receipt, a draft judgement must be handled in confidence, on the basis that it is provided so counsel in the matter can alert the court to any significant factual mistake, omission, or typographical error before the ruling is announced. A draft judgement is plainly labelled on its face as confidential. It is a provisional judgement, liable to the changes outlined above, and may not reflect the final version of the judgement. A further key reason for circulating a draft judgement is to enable counsel in the proceedings to consider and prepare any applications that may flow from the judgement, ensuring these can be advanced promptly at the moment judgement is handed down. It is shared to correct errors and to organise any applications to be made efficiently when judgement is delivered...

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Web page updated on 21/05/2026

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