Capital and Suburban Properties v Swycher: CA 1976

Although in certain procedural decisions, reasons need not be given, they otherwise must be. Buckley LJ said: ‘Litigants are entitled to know on what grounds their cases are decided. It is of importance that the legal profession should know on what grounds cases are decided, particularly when questions of law are involved. And this Court is entitled to the assistance of the Judge at first instance by an explicit statement of his reasons for deciding as he did.’

Judges:

Buckley LJ

Citations:

[1976] Ch 319

Jurisdiction:

England and Wales

Cited by:

CitedAA069062014 and Others AIT 30-Aug-2017
Several appellants, all from the same judge, complained of his handling of their cases.
Held: The complaints about the decisions were entirely well-founded: ‘Nobody reading them could detect how the judge reached the conclusion he did, acting . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 09 May 2022; Ref: scu.595471