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How good do ex tempore judgments need to be?
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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?
Read the full article here.
