| From: | Harrington Matthew P. <matthew.p.harrington@umontreal.ca> |
| To: | Lionel Smith, Prof. <lionel.smith@mcgill.ca> |
| Peter Radan <peter.radan@mq.edu.au> | |
| obligations@uwo.ca | |
| Date: | 25/02/2014 15:03:10 UTC |
| Subject: | RE: Written Judgements |
I know in the American context written judgements are routine, but not required. In fact, in some cases, federal courts will permit the release
of a written opinion, but it will bear a notation that it may not be published in a law report or cited as precedent. I suppose in effect it decides the case before the court but that’s it.
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Matthew P. Harrington
Professeur
Faculté de droit
Université de Montréal
Montréal, Québec
514.343.6105
matthew.p.harrington@umontreal.ca
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De : Lionel Smith, Prof. [mailto:lionel.smith@mcgill.ca]
Envoyé : 25 février 2014 09:48
À : Peter Radan; obligations@uwo.ca
Objet : Re: Written Judgements
I once read a book entitled The History and Origin of the Law Reports, which includes several passages from evidence given to that committee by Lord St. Leonards:
"The Judges cannot be required to write their judgments; that must be left to their own discretion."
"It is not probable that there will hereafter be more than one Report of the proceedings of each Court."
"… any man who wants an old Report which is not on his own shelves, is sure to find it in the library of his Inn."
Lord St. Leonards, submission to a Committee of the Bar inquiring into the system of law reporting, 12 February 1864; quoted in W.T.S. Daniel, The History and Origin of the Law Reports (London:
W. Clowes and Sons Ltd., 1884) at 102-103.
Lionel
From:
Peter Radan <peter.radan@mq.edu.au>
Date: Tuesday, 25 February 2014 at 8:58
To: ODG <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,