Judicial Discretion is the power judges have to decide how best to manage the case on the individual facts. They do not necessarily have to look at how similar cases are managed. The judge has very wide case management powers under Rule 3 of the civil procedure rules to decide on the evidence parties produce how best to manage their case.
The following two tabs change content below.
Rachel is an accredited member of the Society of Trust & Estate Practitioners, and joined the firm as a trainee in 1991. She initially worked within our Litigation Department where she gained considerable experience in dealing with contentious matters such as disputes over Wills and Lasting Powers of Attorney. As well as preparing the aforementioned, she deals with Estate Administration and Court of Protection orders.