JUDGMENT

WRITING
Presentation By
The Hon. Dame Janice M. Pereira, Chief
Justice
For Magistrates Conference
26-28 August 2013

Introduction

Why is it so important to have a proper

written judgment?

It tells the world the details and rational for the

judges findings of fact and provides a critical
analysis of the law using precedent.

Is there a set style for judgment writing?

Although every judge will have his/her own style
of writing there are essential requirements which
ought to be followed.

TYPES OF JUDGMENTS
1. Oral Judgments
2. Written judgments

It is within a judges discretion to decide

when to write and, if so, how expansively to
write.

4 Purposes of a
judgment

If your ideas are clear then you will be able to express them
clearly.
This will enable your writing to be concise, clear, interesting
and accessible.
This will make your account and rationale accurate.

(2) to explain your decision to the parties;

(3) to communicate the reasons for the

decision to the public; and

(4) to provide reasons for an appeal court

to consider.

Who is my audience?

Who are judgments

important to and why?
They are important to litigants. Needed to
understand how the court has dealt with
their case and reached its decision.
They are important to the wider public.
Needed to see that justice has been done
and the rational for it.
They are important to other judges,
lawyers and students and are used as
precedent.
Important to legislators and
governments. While they make the law
the courts say what is understood and
how it is to be applied.

FIRST THINGS FIRST

What is the issue for

determination?
Ensure that you have a clear
understanding of the issues for
determination.
To do so you must look for the
determinative issue.
Once identified, maintain focus on this.
Dont get side tracked with irrelevant
details.

PARTS OF A JUDGMENT

The Beginning
1.
2.

The Opening
1.
2.

Structure of Analysis
Language & Style

The Conclusion
1.

Who did what to whom

Set out Issues for determination

The Body
1.
2.

Heading
Catch Phrases

The Order

The Closing
1.

Signature

Parts of a Judgment -The

Beginning
EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT
TERRITORY OF THE VIRGIN ISLANDS
BVIMCRAP2012/0029
BETWEEN:
CHARLIE BROWN.
Claimant
and
SCOOBY DOO
Defendant
Appearances:
Ms. Minnie Mouse for the Claimant
Mr. Daffy Duck for the Defendant
____________________________________
2012: January 16
2013: May 9.
____________________________________

Parts of a Judgment. -The

Beginning
Catch Phrases
These contain the areas of law dealt with in the
judgment and the main legislation or rules relied on.
Get into the practice of preparing catch phrases
for your judgments.
These will help others search quicker for a
particular area which a judge may have dealt with.
Since you are the author of the judgment you will
be in the best position to identify these.

Parts of a Judgment -The Beginning

Example

David Pilgrim v PC 24 Luncheon

SLUMCRAP2011/0021

Criminal Appeal appellant not party to

proceedings - jurisdiction of court of appeal
on a forfeiture order made pursuant to the
Drugs (Prevention of Misuse) Act.

Parts of a Judgment. The

Opening

An effective opening of a judgment gives a

helicopter view i.e. a brief synopsis of the
facts which are needed to understand the
issues that follow.

It does 3 things:

#1

1.

It tells WHO (Allegedly) did WHAT to WHOM

(Or whos Arguing about what) before
anyone instituted court proceedings.

[1] If you should go to Virgin Gorda in the Territory of the Virgin Islands
one day soon you may visit the area of the
serene Pond Bay. There
you may chance to espy a seemingly splendid villa with cascading pools
and breathtaking
views of the tranquil waters of the bay. However, all is
not as it seems as this villa, designed by an award-winning American
architect, is the bone of contention in this lawsuit. The contractor
claimant, Yates Associates Ltd., ("Yates") claims $354,148.56 being sums
allegedly due under a contract with the Defendant, Blue Sand
Investments Ltd, ("Blue Sand") to build this villa. Blue Sand refutes that
claim and counterclaims for sums in excess of 1.3 million dollars as
damages for the costs of remedial works and loss of rental income on
this palatial residence.

#2

It sets out the issues to be decided in the

order which they should be decided.

[2] The main issues for determination are: 1)whether Yates is

entitled to recover from Blue Sand the sum of $260,837.38 in

respect of Certificate No. 13 for work done under the
contract or on a quantum meruit basis for work done ; 2)
whether Yates is entitled to be paid $98,311.20 for the
retention monies; 3) whether Blue Sand is entitled to set
off
against any sums found to be due and owing to Yates monies
allegedly overpaid to Yates ($163,627.76) under
Certificate
No. 13; 4) whether Yates is liable in damages to Blue Sand for
the sum of $1,104,747.37 for the costs of
remedying
defective construction works, 5) whether Yates is liable to
Blue Sand for loss of rental income of
$90,160.00, and 6)
whether interest at a commercial rate
is payable on any sum
found to be due and owing.

#3

It omits details that have no relevance to

any of the issues at that time. e.g. names,
dates, procedural history, citation of laws
or precedents.
In this case the opening didnt state:
1. The full names of the parties
2. The date the contract was made,
3. The specifics of the contract,
4. The laws which are applicable,
5. Any further details of the transaction.

THE BODY - Structure

Basic Structure of analysis
(i) State the facts of the case i.e. tell the
story!
(ii) State the legal position of the Claimant;
(iii) State the legal position of the
Defendant;
(iv) Apply the law to the facts to state
the
courts position with reasons. (to be dealt

with later)

The above should be done making reference

to the evidence, both oral and documentary.

THE BODY- Structure

The Logic
One side will allege certain facts in the context of a
controlling law, or principle, or standard, and the
other side will either dispute the facts, or argue that
the wrong law has been cited, or that the right law
been misinterpreted.
When several issues are involved, each must be
resolved with the same logic: certain facts considered
in the context of a particular law, lead to an
ineluctable conclusion.
Findings on each of the points should be recorded
in such a manner that they remain cohesive and
linked to each other.

The BODY Structure

F for facts;
L

for law;

for application, and

C for conclusion.

This basic structure of a judgment, modified to

suit a particular situation, will ensure that you
order your own thoughts in reaching a just, and
indeed one might say, often inevitable
conclusion.

The BODY - Language

& Style

Avoid the use of clichs.

Use the active voice rather than the
passive.
Be particular rather than vague.
Avoid emotive language.
Avoid long sentences.

The BODY - Language

& Style

Use neutral language.

Try not to use language common jargon.
Use simple and direct prose rather than
abstruse wording.

The BODY - Language

& Style

Try to make it interesting.

Be precise and to the point.
Be coherent.
Use footnotes where necessary to avoid
clutter.

THINGS TO AVOID !

Avoid putting information about the History of the case or

the evidence heard that would distract the readers.
Only details relevant to the analysis should be included.
Omit unnecessary facts
Read over to avoid obvious grammatical errors. Such errors
will make others think less of your work.
Avoiding quoting a long list of authorities which make the
same point. Use the landmark decisions and make
reference to the others in footnotes.

Conclusion The Order

The Order should be stated in the conclusion .

This would include:
Whether relief is granted and in what terms;
Quantum;
Costs.

This part of the judgment should be stated in clear terms,

leaving no scope for ambiguity. It should indicate exactly
what the Court requires each party to do and how the
decision should be executed.

Conclusion The Order

EXAMPLE
[29] In the foregoing premises, I would
allow the appeal, set aside the judgment
of the Industrial Court and make no award
as to costs since no special circumstances
arise to warrant it under section 10(2) of
the Industrial Court Act.

Conclusion The Order

EXAMPLE

Or alternatively the Order can be listed as

follows:

[38] The order that I would make then is as follows:

1. The appeal is allowed and the judgment and order
of the trial judge are set aside.
2. Unless the parties otherwise agree, DCG Properties
Limited shall pay to White Construction Company
Limited prescribed costs in the High Court and twothirds of those costs in these appeal proceedings in
accordance with rule 65.13 of CPR 2000.

CLOSING
SIGNATURE:
At the end of the judgment, the judicial
officer should place his/her signature above
the format below, on the right side of the
page .

Karyn Peter
Magistrate

IMPORTANCE OF GIVING REASONS

FOR DECISIONS
Eagil

Trust Co v PigottBrown [1985] 3 All ER 119

CA held that a judge must give reasons for

his/her decision, although these reasons need
not be elaborate and the particularity
required will vary according to the
circumstances of the case. It is sufficient if
what the judge says shows the parties and, if
need be, the Court of Appeal, the basis on
which he/she has acted.

IMPORTANCE OF GIVING REASONS

FOR DECISIONS
English

v Emery Reinhold
& Strike Ltd [2002] 1 WLR
2409
[16] We would put the matter at its
simplest by saying that justice will not
be done if it is not apparent to the
parties why one has won and the other
has lost.

IMPORTANCE OF GIVING REASONS FOR

DECISIONS
In some islands this is a statutory requirement
Antigua

and Barbuda; Section 172 (2) Magistrates Code of Procedure Act. Cap 255

(2) The Magistrate shall also transmit to the Deputy Registrar of the Court of Appeal with
the papers relating to such appeal a memorandum of the reasons for the decision.
Anguilla;

Section 200 Magistrates Code of Procedure Act

After an appellant has served on the Magistrate a notice of his intention to appeal and
entered into a recognizance or given security to prosecute an appeal, the Magistrate shall,
within 10 days of the service of such notice of appeal, transmit to the Registrar of the Court
of Appeal a copy of the proceedings and all papers relating to the appeal together with a
concise memorandum of his reasons for decision.

Case: Hughes v Hughes (1993) 45 WIR 149

IMPORTANCE OF GIVING REASONS

FOR DECISIONS

Dominica; Section 146 (1) Magistrates Code of Procedure,

Cap. 4.20
The Magistrate shall record the reasons for the judgment in writing and
sign at the time of pronouncing the judgment and within 14 days of the
pronouncement of the judgment appealed against shall cause the
reasons to be transmitted to the Registrar of the High Court and
they shall be included in and form part of the record of appeal.
Case: Graham & Another v The Police (2010) 79 WIR 288- Court of
Appeal of The Eastern Caribbean States

IMPORTANCE OF GIVING REASONS

FOR DECISIONS

Grenada; Section 15 (3) Magistrates Judgments (Appeals) Act, Cap

178

(3)The Magistrate shall also transmit with the copy of the proceedings
a concise memorandum of the reasons for the judgement. Such
memorandum shall be included in, and form part of, the record of the
appeal.

IMPORTANCE OF GIVING REASONS

FOR DECISIONS

Montserrat; Section 112 (1) Magistrates Court Act, Cap 2:02

The Appellant shall, if so required by the Magistrate, within three days

after the day on which he served notice of his intention to appeal, enter
into a recognizance before the Magistrate with or without sureties, as
the Magistrate may direct, conditioned to appear before the Court of
Appeal and to try the appeal and to abide the judgment thereon of the
Court of Appeal and to pay such costs as may be awarded by the said
Court, or if the Magistrate thinks it expedient he may require the
appellant, instead of entering into recognizances, to give such other
security by payment of money into Court or otherwise as the Magistrate
deems sufficient; and the Magistrate shall without delay transmit to the
Registrar of the Court of Appeal all papers relating to such appeal
together with a concise
memorandum of his reasons for his decision.

IMPORTANCE OF GIVING REASONS

FOR DECISIONS

St Kitts and Nevis; Section 169 of the Magistrate Code of Procedure

Act, Cap 3.17

S.169 After an appellant has served on the magistrate a notice of his or

her intention to appeal and entered into a recognisance or given security
to prosecute such appeal, the magistrate shall within ten days of the
service of the notice of appeal, transmit to the registrar of the Court of
Appeal a copy of the proceedings and all papers relating to the appeal
together with a concise memorandum of his or her reasons for
decision.

IMPORTANCE OF GIVING REASONS

FOR DECISIONS

St Vincent and the Grenadines; Section 109 (3)Criminal Procedure Code

Every judgment in a summary trial, except as otherwise expressly provided by this

Code or any other law, shall be written by the magistrate and shall contain the point
or points for determination, the decision thereon and the reasons for the decision
and shall be dated and signed by such magistrate in open court at the time of
pronouncing it.
Case: Casanki et al v Commissioner of Police HRCAP 2010/022- Court of Appeal of The
Eastern Caribbean States

NB: Casanki applied Aqui v Pooran Maharaj (1981) 34 W.I.R 282 (Aqui was from the
Court of Appeal of Trinidad & Tobago and it considered where statute did not expressly
provide for a Magistrate to give reasons) & English v Emery Reimbold & Strick Ltd; DJ
& C Withers (Farms) Ltd v Ambic Equipment Ltd; Verrechia (Trading as Freightmasters
Commercials) v Commisioner of Police of Metropolis (2002) 3 All E.R 385 (CA)

IMPORTANCE OF GIVING REASONS

FOR DECISIONS

St. Lucia; Section 722 (1) of the Criminal Code Cap 3.01

No explicit statutory provision however, Section 722 (1) of the Criminal

Code Cap 3.01 When a party to a cause or matter in a district court has
filed an appeal against the decision of the district court he or she shall,
on making an application to the clerk of the court and on paying the
prescribed fee obtain a copy of the proceedings in the case, including a
copy of the written judgment, notes or memorandum of the
reasons of the magistrate for the decision.

IMPORTANCE OF GIVING REASONS

FOR DECISIONS

Territory of the Virgin Islands; Section 160 Magistrates Code of

Procedure Cap 44

The appellant shall within seven days after the day on which he served
notice of his intention to appeal, enter into a recognizance before a
Magistrate with one or more sufficient sureties as the magistrate may direct
conditioned to appear before the Court of Appeal and to prosecute the
appeal and to appear before the Court of Appeal and to pay such costs as
may be awarded by the said court, or if the Magistrate thinks it expedient
the appellant may instead of payment of money into court or otherwise as
the Magistrate deems sufficient, except in cases where a sentence imposed
involves the payment of a fine, such recognizance or security shall be in a
sum not less than the amount of the fine; and the Magistrate shall without
delay transmit to the registrar of the Court of Appeal all papers relating to
such appeal together with a concise memorandum of the reasons for
his decision.

SHANE GRAHAM, RAY JNO. BAPTISTE v THE POLICE; DOM

MCRAP 2010/009
[13] Even where there is no such legislative provision in some
jurisdictions; the requirement to give reasons is regarded as a rule
of law. In Alexander v Williams, the court of appeal of Trinidad and
Tobago, whilst recognising that there was no legislative provision
mandating a Magistrate to give reasons for his decision, held that
it was a rule of law that in criminal proceedings a Magistrate must
provide his reasons when the defendant had lodged an appeal
against his decision, and that furthermore, in cases involving the
liberty of the subject, the furnishing of reasons by a Magistrate in
cases against which appeals have been lodged was an
indispensable requirement of due process. Bernard JA, at page
344 stated that the practice for so doing in matters of appeal has
so grown up and been adhered to over the years and has become
so rooted in our system of justice that, in my opinion, it can now be
regarded as a rule of law.

IMPORTANCE OF GIVING REASONS

FOR DECISIONS
Forbes

v Chandrabhan Maharaj (1998) 52

WIR 487 (UKPC)
Per Lord Clyde

The judgments clearly recognise the fundamental

importance of furnishing reasons particularly in circumstances
where the deprivation of liberty is at stake. It is sufficient to
observe that without the statement of reasons it will usually
be impossible to know whether the magistrate has misdirected
himself on the law or misunderstood or misapplied the
evidence. The absence of reasons at the least enables the
appellant to argue from a strong position that there cannot
have been a sound reason for the decision in issue.

IMPORTANCE OF GIVING REASONS

FOR DECISIONS

Court of Appeal Rules

21(2) If no written decision is given by the

Judge at the time of giving judgment such
Judge shall communicate his reasons for the
judgment in writing to the Registrar of the
court below and such reasons shall be
included in the record.

IMPORTANCE OF GIVING REASONS

FOR DECISIONS
Challenges Regarding Reasons normally take
2 forms:

(i) where a Magistrate has provided no

reasons at all or;
(ii) where the reasons given are
inadequate and may require more detailed
analysis.

IMPORTANCE OF GIVING REASONS FOR DECISIONS

SHANE

GRAHAM, RAY JNO. BAPTISTE v THE POLICE; DOM

MCRAP 2010/009

[16]

The Azille, Hamilton, and Daniel appeals all involve considerable

conflicts on the evidence. In Azille and Daniel, no reasons whatsoever
have been provided. In the case of Hamilton, the Magistrate provided in
her reasons for decision reasons as to why she proceeded to try the
case in the absence of the defendants counsel but I agree with counsel
that no reason has been provided showing the basis on which she
arrived at her decision to convict. That, to my mind is tantamount to
failing to provide a reason for her decision. In the absence of reasons it
may reasonably be concluded that no sound basis for the decision exists.
Further, bearing in mind the observations of Lord Clyde in Forbes, this
court would be hard put in seeking to resolve the conflicts on the
evidence in particular since matters of credibility come into sharp focus.
This quandary, in my view, leads to the ineluctable result that the
convictions and sentences must be quashed and new trials ordered.

IMPORTANCE OF GIVING REASONS

FOR DECISIONS
Casanki Quow v Commissioner of Police; SVG MCRAP
2010/022
Aqui v Pooran Maharaj; (1981) 34 W.I.R. 282.
Verrechia (Trading as Freightmasters Commercials) v
Commisioner of Police of Metropolis (2002) 3 All E.R 385
(CA)
Graham & Another v The Police (2010) 79 WIR 288
Cedeno v Logan (2000) 58 WIR 411
Hughes v Hughes (1993) 45 WIR 149
Flannery & Flannery v Halifax Estate Agencies Limited [2000]
1 W.L.R. 377
See The Caribbean Civil Court Practice 2011 Note 31.16, pp.
399-400 The duty to give reasons
Donald Frederick v Choo Loi Poi et al; GRENADA HCVAP
2012/005

TIMELINESS

A judgment should be delivered

at the earliest possible time.

Code of Ethics Canon 3, Commentary

states:

v. Prompt disposition of the courts

business requires a judge to devote
adequate time to judicial duties, to be
punctual in attending court and
expeditious in determining matters
under submission, and to insist that
court officials, litigants and their
lawyers cooperate with the judge to
that end. Reserved judgments should
be delivered within three months, or
such longer time as the circumstances
may reasonably require.

CONCLUSION

Always remember the vision &

mission statement of the court.
the
achievement
of
professionalism and excellence
in the timely, effective and
efficient
access
to,
and
administration of a cohesive,
independent and accountable
system of justice for the
benefit of its Member States.

access to a system of justice that is accountable

and independent, and administered by officers in
a prompt, fair, efficient and effective manner.

REMEMBER !

There are no exhaustive guidelines for

writing judgments but it is my hope that
those provided above will prove useful as
you discharge your judicial functions.