The first instance judge will, so far as the committal order is concerned, have become functus.

The second instance judges are promoted among the first instance judges.

But ultimately I think its another factor in some academics being able to become first instance judges but most being able to add value most at appellate level.

The Hong Kong government appointed then-Court of First Instance judge Kemal Bokhary to conduct an inquest into the disaster.

Appeal courts emphasise that the discretion is vested in the court of first instance and are reluctant to interfere; first instance judges fall back on issues such as that of the burden of proof.

The breach of duty alleged was confined to advice about the protection afforded by the Policyholders Protection Act 1975 to "with-profits" annuities, and this duty was found to be breached by the first instance judge.

It would, in my opinion, in many ways be more logical for an application to be released from custody on the ground of non-service or delayed service of a committal notice to be made to a first instance judge rather than direct to this court.

As to capacity, although irrelevant after deciding that there had been no agreement, disagreeing with the first instance judge, Lord Hoffmann pointed out that O'Neill may have had a claim in his capacity of shareholder (rather than just an employee) because he had invested his money and his time into the company.