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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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"INADEQUATE REASONS" IN CIVIL JUDGMENTS: THE COURT OF APPEAL PROVIDES A PRIMER FOR JUDGES (AND SOME IMPORTANT POINTS FOR THE REST OF US)

“INADEQUATE REASONS” IN CIVIL JUDGMENTS: THE COURT OF APPEAL PROVIDES A PRIMER FOR JUDGES (AND SOME IMPORTANT POINTS FOR THE REST OF US)

July 28, 2025 · by gexall · in Appeals, Civil evidence, Civil Procedure, Members Content

Here we look at a Court of Appeal decision last week on inadequate reasons given in judgments. This has major practical implications for judges and practitioners. Appeals because of “inadequate” reasoning are those that are the most unfair to all…

CIVIL PROCEDURE BACK TO BASICS 76: APPEALS - ASKING THE JUDGE FOR REASONS: "EMBARRASSMENT" IS NO EXCUSE NOT TO

CIVIL PROCEDURE BACK TO BASICS 76: APPEALS – ASKING THE JUDGE FOR REASONS: “EMBARRASSMENT” IS NO EXCUSE NOT TO

December 20, 2019 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content

The judgment in Fattahi v Charles Grosvenor Ltd [2019] EWHC 3497 (QB) also highlights the advisability of an appellant, arguing that a decision was not properly reasoned, to ask the original judge for further reasons. “I have been unable to…

WHEN YOU THINK THE JUDGE HAS GIVEN INADEQUATE REASONS - BEST ASK THE TRIAL JUDGE BEFORE APPEALING

WHEN YOU THINK THE JUDGE HAS GIVEN INADEQUATE REASONS – BEST ASK THE TRIAL JUDGE BEFORE APPEALING

July 2, 2018 · by gexall · in Appeals, Applications, Members Content

In Drury v Rafique & Anor [2018] EWHC 1527 (Ch) Mr Justice Birss gave important guidance to those thinking of appealing a judgment on the basis of inadequate reasons. It is dangerous for an appellant to appeal on this grounds without…

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