Reasons for judgment

“It is this passage and the references to reasons for a judgment which leads to this note. In English v Emery Reimbold & Strick Ltd [2002] EWCA Civ 605, [2002] 1 WLR 2409 the Court of Appeal, in a judgment of the court (Lord Philips MR, Latham and Arden LJJ) and under a heading ‘The requirement to give reasons under common law’, said that ‘[15] There is a general recognition in the common law jurisdictions that it is desirable for Judges to give reasons for their decisions’. This is not only so that parties may be clear as to whether they have grounds of appeal, and that an appellate court knows how a judge has reached his/her decision, but also:

That justice may ‘be seen to be done;
If decisions are to be acceptable to the parties and to members of the public;
A requirement to give reasons may help to concentrate a judges mind; and
Reasons may also provide an important means under the common law for setting precedents for the future

So, said the court, to put it at its simplest (§[16]): ‘justice will not be done if it is not apparent to the parties why one has won and the other has lost’; and the ‘why’ requires reasons, not just a statement of what the judge has decided and a bald order of the court.”

dbfamilylaw

Common law duty to provide reasons

In a passage which applies to any common law judgment, and certainly to any in civil or family proceedings Lord Phillips MP (in English v Emery Reimbold & Strick Ltd [2002] EWCA Civ 605, [2002] 1 WLR 2409 at §[118]): ‘while it is perfectly acceptable for reasons to be set out briefly in a judgment, it is the duty of the Judge to produce a judgment that gives a clear explanation for his or her order’.

This case and the principles encapsulated in it were recently referred to in Iqbal v Iqbal [2016] EWCA Civ 19 (judgment: 25 January 2017). In that case, the Court of Appeal was confronted by an appeal by a husband who had been committed to prison on evidence which they felt was inadequate. Basic procedural rules were not followed. The husband had not been present when an ancillary relief…

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