Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
Spotlight
A day in the life Of...
Sonny Patel
Sonny Patel
Partner
Read on
How good do ex tempore judgments need to be?
Date:5 NOV 2012

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?

 

Categories:
Articles