From: Nathan TAMBLYN (Faculty of Law) <tamblyn@cuhk.edu.hk>
To: Peter Radan <peter.radan@mq.edu.au>
obligations@uwo.ca
Date: 25/02/2014 14:26:53 UTC
Subject: RE: Written Judgements

RE: Written Judgements

I stopped practising as a barrister in England in 2006, but at that time ex tempore judgments were still handed down. But you could always ask for a transcript, so oral judgments still end up in writing.

Nathan


-----Original Message-----
From: Peter Radan [mailto:peter.radan@mq.edu.au]
Sent: Tue 2014/02/25 21:58
To: obligations@uwo.ca
Subject: Written Judgements

Colleagues,

This is a query not specifically focussed on obligations. It has to do with
court judgments being in some written form and court reporting.

On page 1216 of the Volume XI of *The Oxford History of the Law of
England*(2010), there is reference to a claim made in in *The
Times* of London to the effect that, in the 1880s or thereabouts, '99
percent of [common law] judgments were still unwritten'.

On the following page there is mention of the failure of a committee, set
up to look into the publication of authorised reports of cases, to pass a
motion calling for the introduction of a requirement that all judgments be
written, 'so far as practical'.

This brings me to my question: When, if ever, did the requirement that
judgments be in written form come into force?

If anybody can shed any light on this with respect to their own
jurisdictions, I would be most grateful.

Many thanks in advance.

Peter Radan

--
Professor Peter Radan
Macquarie Law School
Faculty of Arts
Macquarie University   NSW   2109
AUSTRALIA

Tel:     +61 (0)2 9850-7091
Fax:    +61 (0)2 9850-7686
Email: peter.radan@mq.edu.auColleagues,