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Duty of judges to hand down judgments or give reasons

Family Law, Children, Adoption

Duty of judges to hand down judgments or give reasons

Postby NFH » Sat Jun 04, 2016 2:23 pm

I applied for permission to appeal to the Family Division of the High Court. During the hearing, the judge addressed only one of my five grounds and rose before addressing the other four grounds and without handing down judgment, either orally or later in writing. The subsequent order stated only that permission to appeal was refused on all grounds, even though only one ground was considered. I've read about Flannery v Halifax Estate Agencies Ltd [2000] 1 W.L.R. 377, but this seems to be more about the quality of judgments and reasons than the complete omission of any judgment or reasons for a decision.

I have two questions:
  1. Is there anything in the Family Procedure Rules (or even the Civil Procedure Rules) requiring a judge to hand down judgment or give reasons for a decision?
  2. Given that there is no right of appeal against a refusal of permission to appeal, do I have any right of redress against this omission?
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Re: Duty of judges to hand down judgments or give reasons

Postby Hairyloon » Sat Jun 04, 2016 2:28 pm

I don't know about family law, but in general they have to give reasons if you ask for them.
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Re: Duty of judges to hand down judgments or give reasons

Postby NFH » Sat Jun 04, 2016 2:43 pm

Hairyloon wrote:I don't know about family law, but in general they have to give reasons if you ask for them.

Thanks, but where is this stated?
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