This is very little to do with pupillage, but is possibly the best Judgement to be published this (or any other) year. It compares with the aprocyphal Judgement in the House of Lords, where the 4th Law Lord said ‘I do not think there is anything I can usefully add’ and the 5th Law Lord said ‘I agree’.
It also shows what can happen when you mix up your brain and a certain spot about 3 1/2 feet further down and towards the back…
Go here, and enjoy: http://www.bailii.org/ew/cases/EWCA/Civ/2007/720.html
Nothing wrong with that…he was just agreeing that the other bloke (Number 4)had nothing much to add.
So we are not sure what Number 5 really thought about the case.
This is legal reasoning at its very best.
Nice post..thanks.
Remember the old days when we still had the “long vacation” and close of pleadings? I’m going to be really pedantic here and say that, in my book, judgment (as in legal judgment) still only has one “e.” If you want to check, have a look at CPR Parts 24 and 40!
Re the spelling. Certainly in this country this is conventionally said to be so but it should be challenged. It is ‘olde’ (i.e. King James biblical) English. Nowadays, the following ‘e’ makes the ‘g’ soft – e.g. acknowledgement. No ‘e’ makes the ‘g’ hard – e.g. pregnant. There is no reason to make the language more difficult that it ought to be – or the law either for that matter.
Hmmm – doesn’t CPR Part 10 spell acknowledgment as here?!
Yes. But I don’t think that detracts from the point I am making. English spelling has always had a random element. I believe legal spelling should be as clear and easy as possible.
I was always getting told off on my BVC for using Judgement with an “e”.
It is ridiculous really..and very pedantic of anony-mouse to bring it up.
brave attempt for anonymous(e)
but unfortunately he is not Mr.Crampin