Category: reasons

In re A (Children) (Judgment: Adequacy of Trial Judge’s Reasoning) – WLR Daily

Posted December 5th, 2011 in family courts, judgments, law reports, news, reasons by sally

In re A (Children) (Judgment: Adequacy of Trial Judge’s Reasoning) [2011] EWCA Civ 1205; [2011] WLR (D) 346

“The Court of Appeal gave guidance as to the practice to be adopted where there was concern about the adequacy of a trial judge’s reasoning, when adjourning, part heard, an appeal by the mother of two children, A and L, against the decision of Judge Compston, sitting as a judge of the Family Division on 27 May 2011, as to the adequacy of his judgment on a fact finding hearing in ongoing care proceedings relating to the children, and inviting the judge to provide such further reasons on particular matters as he might think appropriate by way of elucidation, clarification, elaboration or otherwise of his judgment.”

WLR Daily, 27th October 2011

Source: www.iclr.co.uk

Judge reveals reason for Top Gear’s Stig ruling – BBC News

Posted October 5th, 2010 in confidentiality, injunctions, media, news, reasons by sally

“A judge has explained his decision for refusing to ban a book revealing the identity of Top Gear’s The Stig.”

Full story

BBC News, 4th October 2010

Source: www.bbc.co.uk

Regina v Y (A) – WLR Daily

Posted May 7th, 2010 in appeals, law reports, reasons, self-defence, terrorism by sally

Regina v Y (A) [2010] EWCA Crim 762;  [2010] WLR (D) 112

“Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting to the statutory defence of reasonable excuse under s 58(3) of the 2000 Act, to an offence of possession under s 58(1).”

WLR Daily, 6th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

H (a Child) v East Sussex County Council – Times Law Reports

Posted April 22nd, 2009 in law reports, reasons, special educational needs, tribunals by sally

H (a Child) v East Sussex County Council

Court of Appeal

“Special educational needs tribunals were required to give only summary reasons for their decisions.”

The Times, 22nd April 2009

Source: www.timesonline.co.uk

Regina (Mendes and Another) v Southwark London Borough Council – Times Law Reports

Posted April 7th, 2009 in costs, judicial review, law reports, reasons by sally

Regina (Mendes and Another) v Southwark London Borough Council

Court of Appeal

“A judge needed to give reasons for preferring one side’s arguments over the other on an application made by written submissions concerning costs.”

The Times, 7th April 2009

Source: www.timesonline.co.uk

R (Mendes and another) v Southwark London Borough Council – WLR Daily

Posted March 26th, 2009 in costs, judicial review, law reports, reasons by sally

R (Mendes and another) v Southwark London Borough Council; [2009] WLR (D) 108

“A judge needed to give reasons for preferring one side’s arguments over the other on an application for costs made by written submissions following the case being settled.”

WLR Daily, 25th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Clark v Clark Construction Initiatives Ltd and another – WLR Daily

Posted December 19th, 2008 in judgments, law reports, reasons by sally

“The universal obligation of judicial tribunals to give reasons which were candid, intelligible, transparent and coherent were qualities which litigants and the public were entitled to expect in all reasoned judgments. Transparency meant that properly drawn reasons should make it possible for the reader to find sources especially, but not only, sources of law, which were referred to but not recited in the judgment.”

Clark v Clark Construction Initiatives Ltd and another [2008] EWCA Civ 1446; [2008] WLR (D) 396

WLR Daily, 18th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re M (a Child) (Nonaccidental injury: Burden of proof) – Times Law Reports

Posted December 16th, 2008 in judgments, law reports, reasons by sally

In re M (a Child) (Nonaccidental injury: Burden of proof)

Court of Appeal

“Counsel had a positive duty to raise with the judge not only any alleged deficiency in the judge’s reasoning but also any genuine query or ambiguity which arose on the judgment.”

The Times, 16th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re M (A Child) (Non-Accidental Injury: Burden of Proof) – WLR Daily

Posted November 28th, 2008 in burden of proof, child abuse, judgments, law reports, reasons by sally

In re M (A Child) (Non-Accidental Injury: Burden of Proof) [2008] EWCA Civ 1261; [2008] WLR (D) 367

“After a judge had given judgment counsel had a positive duty to raise with the judge not just any alleged deficiency in the judge’s reasoning process but any genuine query or ambiguity which arose on the judgment.”

WLR Daily, 27th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Saadi v United Kingdom – Times Law Reports

Posted February 4th, 2008 in asylum, detention, human rights, reasons by sally

Saadi v United Kingdom (Application No 13229/03)

European Court of Human Rights

“A delay of 76 hours in providing reasons for the detention of an asylum seeker was not compatible with article 5.2 of the European Convention on Human Rights that such reasons should be given promptly.”

The Times, 4th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re A (a Child) (Duty to seek reasons) – Times Law Reports

Posted October 16th, 2007 in appeals, child abuse, judgments, law reports, reasons by sally

Counsel should seek reasons

In re A (a Child) (Duty to seek reasons)

Court of Appeal

“Before filing a notice of appeal, in cases of doubt, counsel had to ask the judge for amplification of his reasons, where that could solve an issue.”

The Times, 16th October 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.