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
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; [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.
“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)
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) [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 (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.
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.
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