Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

05 NOV 2012

How good do ex tempore judgments need to be?

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?

 

Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online

Family Law

journal

"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

More Info from £49.00
Available in Family Law Online
Subscribe to our newsletters