There is no obligation in England and Wales to provide a written judgment – Civil Procedure Rules part 40 deals with judgments, but as the commentary in Civil Procedure 2013 (“the White Book”) para 40.2.5 makes clear that judgments may be either oral or written. Generally because of the Human Rights Act 1998 (and ECHR arts 6 and 10) they must be given in public. The vast majority of interlocutory and many first instance trials still conclude with oral judgments. As Nathan states they are taped and may be transcribed (usually for appeal purposes).

Kind regards

Gerard McMeel

University of Manchester, UK

Gerard McMeel Barrister
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From: Nathan TAMBLYN (Faculty of Law) [mailto:tamblyn@cuhk.edu.hk]
Sent: 25 February 2014 14:22
To: Peter Radan; obligations@uwo.ca
Subject: 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,