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Civil procedure

14 May 2010
Issue: 7417 / Categories: Case law , Law digest
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Al Rawi and others v Security Service and others [2010] EWCA Civ 482, [2010] All ER (D) 03 (May)

(i) Applicable principles of common law were that: (a) that a trial was conducted on the basis that each party and his lawyer, saw and heard all the evidence and all the argument seen and heard by the court; (b) a party to litigation should know the reasons why he won or lost, so that a judge’s decision would be liable to be set aside if it contained no, or even insufficient, reasons; and (c) trials should be conducted in public, and judgments should be given in public.

(ii) The principle that a litigant should be able to see and hear all the evidence which was seen and heard by a court determining his case was so fundamental, so embedded in the common law, that, in the absence of parliamentary authority, no judge should override it, at any rate in relation to an ordinary civil claim, unless (perhaps) all parties to the claim agreed otherwise. So far as the

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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