The defendant appealed against a summary order of a Master. Should this be by way of a rehearing or by way of review, where the sole ground of the appeal was that the Master had failed to give reasons for his decision, and where the court had refused to give its reasons after request or where there was some other reason for not requesting reasons?
Held: The High Court did have the choice of dealing with such an appeal by way of a rehearing notwithstanding the case of Lewis.
Judges:
Burton J
Citations:
Times 17-Jul-2002
Citing:
Distinguished – Secretary of State for Trade and Industry v Lewis and Another ChD 19-Jul-2001
Where the sole substantial issue was that the court of first instance had failed to give reasons for its decision, it would normally be wrong for an appellate court to order a rehearing rather than a review. This might be appropriate if the court . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 28 April 2022; Ref: scu.174372
