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- It is generally accepted that technicalities greatly impede justice. A technicality is something immaterial and without substance; something not affecting the substantial rights of parties,1 which if upheld would defeat the substance or merit of a case. Technicalities dominated the common law era.
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The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition.
Mar 24, 2024 · Firstly, adherence to legal principles legally minded individuals, such as lawyers, judges, and legal scholars, recognize the importance of legal technicalities in upholding fundamental legal principles and ensuring procedural fairness.
A technicality is something immaterial and without substance; something not affecting the substantial rights of parties,1 which if upheld would defeat the substance or merit of a case. Technicalities dominated the common law era.
A legal technicality is any aspect (s) of the law or legal process that may affect the outcome of criminal or civil cases. As such, these technicalities vary greatly depending on the type and circumstances of each case.
Sep 18, 2023 · It is suggested here that these criticisms usually stem from a lack of a full understanding of the courts’ duty to see to the prevalence of substantial justice over technicalities; a failure to grasp what the duty truly entails.
May 21, 2024 · While law firms may operate within the confines of legal technicalities, the moral implications of these practices cannot be ignored. As we move forward, it is imperative that the legal community in Britain strikes a delicate balance between legal strategy and ethical duty.
Jan 19, 2017 · This paper follows the ‘legal lives’ of qualifying periods on family-friendly employment rights. As examples of legal technicalities that work with time, qualifying periods form an important part of the regulatory structure that separates precarious workers from ‘regular’ employees in UK law.
