The Art and Craft of Judgment Writing: A Primer for Common Law Judges
Max Barrett
£95, Globe Law and Business
★★★★✩
This is a marvellous book, full of wisdom and literary references. It is written by a leading Irish judge and brings with it an international flavour, featuring judgments from common law jurisdictions across the world.
There is plenty of guidance on how to write judgments which is relevant to us, because we need to analyse them. There are sections on giving judgments in children’s cases, including attaching a ‘plain English’ note to the judgment, or even writing the whole thing in plain English addressed to the child. Those who practise in some tribunals may be more familiar with the importance of giving a judgment in simple terms and then sending written reasons.
It is not only children, but people with disabilities who may need special attention, or those unfamiliar with English. The book refers to various literary sources including C.S. Lewis’ article on writing for children. There are various style guides, including George Orwell’s famous essay on the subject. There is also a long list of dos and don’ts for judges, such as not to use ‘professional argot’, negatives, pomposity and dullness – perish the thought.
There are chapters on English judges including Lord Atkin and Lord Denning. The latter was a hero to many students in the 1970s and 1980s.
Those of us who are not judges need to read and check each judgment carefully and challenge where appropriate. This is increasingly important as there is more pressure on the judiciary.
David Pickup is a partner at Pickup & Scott Solicitors, Aylesbury
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