Jurisdiction(s):
United Kingdom

Appeals for inadequate reasons: requirements for reasoned judgments and application to beneficial ownership and marital agreement findings in Singh v Garcha (England and Wales)

Published on: 31 July 2024

Published by a LexisNexis Restructuring & Insolvency expert

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Article summary

Singh (as trustee in bankruptcy of Mrs Angela Garcha) v Garcha and others [2024] EWHC 1844 (Ch)

What are the practical implications of this case?

The obligation on a judge to provide reasons for their conclusions flows from three core considerations:

ensuring that the appellate system can operate effectively (English v Emery Reimbold & Strick Ltd (Practice Note) [2002] EWCA Civ 605; [2002] 1 WLR 2409, para [19])
recognising that the parties are entitled to be told how their substantive rights have been decided (Weymont v Place [2015] EWCA Civ 289, para [6])
upholding fairness by addressing any evidence that appears particularly persuasive, where such material exists (Simetra Global Assets Ltd v Ikon Finance Ltd [2019] EWCA Civ 1413, para [46])

That said, a judge is not required to engage with every point raised. It is enough if the reasoning demonstrates to the parties—and, if necessary, to the Court of Appeal—the essential basis on which the decision was reached (Eagil Trust Co Ltd v Pigott-Brown [1985] 3 All ER 119, para [122])...

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