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How good do ex tempore judgments need to be?

Sep 29, 2018, 18:31 PM
Slug : McCarthy-NovFLJ2012
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Date : Nov 5, 2012, 04:35 AM
Article ID : 100785

Roger McCarthy:

  • The article includes a short explanation of the important features and case law in the two decisions in Re A and L [2011] EWCA Civ 1205 and 1611. The decisions summarise how the Court of Appeal will treat judges' ex tempore decisions where important topics have not been spelt out.
  • The article outlines some uncomfortable questions which arise from the two decisions:
  • Is it the Court of Appeal's ability to understand the reasons in the judgment which matters or is it that of the parties?
  • If parties do not understand because of gaps in the judgment does this matter?
  • What is the significance of the appellate assumption about what judges know and think?
  • Does the length of the judge's experience (however long or short) help with an understanding of the judgment?
  • Is there any precise minimum content which must appear in any judgment?
  • Are litigants in person in person required to accept the adequacy of ex tempore reasons?

 

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