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 below had been asked and had refused to give reasons, or where there was some good reason for having not asked for reasons. When considering whether a re-hearing in a company director disqualification case should be before a judge or registrar, the issues might be the length (longer suggesting a hearing before a judge), the complexity of the case, or whether perhaps it might be considered a high profile case, and the availability of early hearing dates.
Neuberger J
Times 16-Aug-2001
Civil Procedure Rules 52.1191), Company Directors Disqualification Act 1986
England and Wales
Cited by:
Distinguished – Ansari and Others v Puffin Investment Co Ltd and Others QBD 8-May-2002
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 . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules
Updated: 15 January 2022; Ref: scu.159484
