ORAL/EXTEMPORE JUDGMENTS The Hon. Dame Linda Dobbs DBE

TIPS Importance of preparation before hearing Identify and set out issues and applicable law Review and summarise evidence overnight cross referencing under appropriate heading in plan Make notes of impressions of witnesses and view of case as it develops

TIPS (2) Prepare a note with structure of the order in which the judgement will take Use lists/chronologies for clarity; headings and sub-headings Don’t pre-compose the decisive paragraphs

TIPS (3) Useful simple language – one thought per sentence Adopt a more informal tone than a written judgement Guard against unconscious bias Maintain the dignity of the parties Use IT where possible

Structure of a Judgment The parties An overview of the case Identification of the main issues Any procedural history The relevant law if necessary Facts – undisputed, in dispute, primary and secondary facts, inferences Facts as found – setting out why

Structure of a Judgment (2) The application of the facts to the law Conclusion and decision ABCDE – Accuracy, brevity, clarity, decisiveness, explanation

The Importance of Giving Reasons “The duty to give reasons is a function of due process and therefore justice, both at common law and under Art. of the ECHR. Justice will not be done if it is not apparent to the parties why one has lost and the other has won. Fairness requires that the parties, especially the losing party, should be left in no doubt why they have won or lost.” Bassano v Battista [2007] EWCA Civ 370 [28]

Criminal Trial Introduction – the charges Summary of prosecution case if a factually complex matter. Facts – prosecution case Facts- defence case Summary of law - if single offence. If different offences deal with them separately under the charges

Criminal Trial (2) Analysis: Agreed facts Facts in dispute count by count unless they are part of the same factual matrix Findings of fact Application of the law to the facts as found Conclusion  

Civil and criminal appeals from the magistrates’ court Introduction – introducing the appeal Submissions on the issues being appealed. Appellant’s case; b) Respondent’s case Powers of the appeal court including the test to be applied Analysis of competing submissions Decision

Administrative reviews Introduction – nature of application and relief sought Background history/chronology Is it an administrative action? Summary of the competing arguments Principles of law

Administrative reviews (2) The decision challenged – select important bits of decision for discussion Analysis Decision with reasons (NB - need to reflect the test to be applied)

Final Checklist Have you addressed the central issues? Have you made factual findings, rather than simply restating the evidence or the statutory tests? Have you explained why you came to the conclusions that you did? Will the parties understand it?

Delivery Result first or at end? Keep your head up! Sound confident – you know you have got it right! Speak clearly and at a moderate pace. Avoid hostages to fortune – stick to the issues – no gratuitous comments!