Source: All England Reporter
Publisher Citation: [2005] All ER (D) 266 (Nov)
Court: Court of Appeal, Civil Division
Judge:

Auld, Maurice Kay and Lloyd LJJ

Representation The claimant appeared in person.
  Rabinder Singh QC and Yvette Genn (instructed by the Ethical Standards Board for England) for the defendant.
Judgment Dates: 21 November 2005

Catchwords

Tribunal - Reasons - Failure by tribunal to give reasons for conclusion essential to judgment - Whether appropriate to remit matter to tribunal for reconsideration and reformulation of reasons.

The Case

Under CPR52, an appellate court had widely expressed and clear powers to remit to the court below any issue as well as any claim: any issue might involve adequacy of reasons as to the decision under challenge. The normal course would be for an inadequately reasoned decision to be remitted for explanation or reconsideration and reformulation in the light of an appellate court's judgment. Moreover, in circumstances where a regulatory framework had been put in place designed to control the behaviour of councillors, a judge's failure to remit a decision for further reasons usurped the functions of a specialist regulatory body.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.