1. ORAL/EXTEMPORE JUDGMENTS The Hon. Dame Linda Dobbs DBE

2. 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

3. 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

4. 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

5. 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

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

7. 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]

8. 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

9. 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

10. 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

11. 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

12. 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)

13. 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?

14. 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!