Berezovsky loses against Abramovich

Carawaystick

Wondered about the judge reading out a summary of her judgement, but the full judgement not being released until later in Sept, after it was given to both parties.

Why the delay in making the judgement public? If ignorance of the law is no excuse, surely delaying the public finding out the full judgement increases the ignorance of the law intentionally for a time.

(or maybe this happens all the time in civil cases?)

ResearchWill

Carawaystick wrote: »

Wondered about the judge reading out a summary of her judgement, but the full judgement not being released until later in Sept, after it was given to both parties.

Why the delay in making the judgement public? If ignorance of the law is no excuse, surely delaying the public finding out the full judgement increases the ignorance of the law intentionally for a time.

(or maybe this happens all the time in civil cases?)

Very normal for Judges to give an Ex Tempore judgement, and then write up a full judgement later.

Some times an Ex Tempore is given and not to give any written Jugement.

NoQuarter

Carawaystick wrote: »

If ignorance of the law is no excuse, surely delaying the public finding out the full judgement increases the ignorance of the law intentionally for a time.

This doesnt make sense. Judges dont make law, they just enforce it and interperet it. So a judge withholding judgment is not withholding what the law is.

Procrastastudy

NoQuarter wrote: »

This doesnt make sense. Judges dont make law, they just enforce it and interperet it. So a judge withholding judgment is not withholding what the law is.

Well thats assuming a similar Constitutional protection applies in the UK - my (admittedly likely wrong) interpretation was that Judges in the UK were free to continue to develop the common law unlike Judges in Ireland?

NoQuarter

Judges are free to develop the common law here too. My point was that there is already a law in place that judges work off, so merely withholding a judgment for a month or two is hardly leaving people in ignorance.

Procrastastudy

NoQuarter wrote: »

Judges are free to develop the common law here too. My point was that there is already a law in place that judges work off, so merely withholding a judgment for a month or two is hardly leaving people in ignorance.

Sorry I wasn't doubting that I agree it's not ignorance if there is a current law which there more that likely is. But I was under the impression that due to Article 15 Judges in Ireland are constrained - unlike their English counterparts?

NoQuarter

Constrained in that they cant legislate or disregard legislative provisions but they can and constantly do develop on legislation and interpret it.

Procrastastudy

NoQuarter wrote: »

Constrained in that they cant legislate or disregard legislative provisions but they can and constantly do develop on legislation and interpret it.

Agreed but in relation to the Common Law they are constrained to do the same. My understanding (which may be faulty) is that English Judges are free to 'make up' new areas of the Common Law (Denning springs to mind) so theoretically some one may have a legitimate ignorance of a common law rule in England if it were not published.

NoQuarter

OK I accept your point if that's the way it is in england.

Procrastastudy

NoQuarter wrote: »

OK I accept your point if that's the way it is in england.

As usual I don't know - I'm just supposing