Litigation Letter
Judicial duty to give reasons
English v Emery Reimbold and Strick Ltd DJ and C Withers (Farms) Ltd v Amble Equipment Ltd Verrechia v Commissioner of Police of the Metropolis (CA TLR 10 May)
The decision in
Flannery v Halifax Estate Agencies Ltd ([2000] 1 WLR 377) (at 18/LLp26) has inspired a rash of applications for permission to appeal reflecting uncertainty by litigants
and judges about the extent to which a judgment should detail the chain of reasoning leading to the judge’s order. The requirements
of the European Convention on Human Rights do not go further than domestic law, although it remains to consider the nature
of the judicial decisions for which reasons were required under Strasbourg law.