Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
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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