Ex tempore

[CYNthesys]

Im a bit confused by this expression, can anyone clarify further please, as my case last year is described in a search result as - [Summary based on All ER (D) report of ex tempore judgment.]

This is its wikipedia definition -

Ex tempore decisions are not binding on later courts due to the quick nature of their delivery after the hearing of a case. Therefore, these decisions are of persuasive authority only and a later court, dealing with a case of similar facts, can reach a different conclusion if it is appropriate and the court in question believes that their decision is more suitable.

It also says - An ex tempore judgment, being off the cuff, does not entail the same preparation as a reserved decision. Consequently, it will not be thought out to the same degree.

[Eloise01]

Re: Ex tempore

It seems like a pretty reasonable form of definition. It doesn't mean that it is a poor decision, or that it isn't well thought out, or not the right decision. In practice (as opposed to a strictly precise definition) it generally means that a judge considers that they have sufficient knowledge of the relevant law and the arguments of both parties to make a ruling without further research or consideration of the arguments. Effectively, some peoples "off the cuff" is better than other peoples "off the cuff"! If you see what I mean... It would not be expected that an experienced judge with a sound knowledge of the relevant law would need, in all cases, any further knowledge of a particular case than they they had in front of them to come to a decision about the merits of a case. Hence, what the court has decided is "persuasive" in that it is based on sound knowledge and reasoning, but that is not to say that there could be nothing further that could have been added or considered. It's a difficult concept to explain, but I think the essence to understand is that it isn't a value judgement on the decision, it is more of a description as to how that decision was reached.

Hope that helps.

[CYNthesys]

Re: Ex tempore

Thanks
Just one other matter - In my case as well as the Judge failing to address key HR issues that were raised, when delivering judgment he said "there is no doubt that the Bank was entitled to appoint the receivers under subsection (1) apart from xxx xxxxxxx point about capacity". He then rambled on without giving my arguments due consideration

I think his use of the word "apart" speaks volumes

I got the feeling that he simply didnt want to set a precedent by ruling on the valid arguments that I presented, so he made a snap decision

[Kafka]

Re: Ex tempore

Thanks
Just one other matter - In my case as well as the Judge failing to address key HR issues that were raised, when delivering judgment he said "there is no doubt that the Bank was entitled to appoint the receivers under subsection (1) apart from xxx xxxxxxx point about capacity". He then rambled on without giving my arguments due consideration

I think his use of the word "apart" speaks volumes

I got the feeling that he simply didn't want to set a precedent by ruling on the valid arguments that I presented, so he made a snap decision

That was my feeling also at the time. I thought it was significant that in his judgement he said that the didn't think the case could be won if it proceeded, not that it was without merit. I assumed that he was basing that decision on the fact that you were a LIP without representation, fighting a team of barristers where cost was clearly no obstacle to winning to prevent the publicity about what they had done.

He also didn't want to rule on the fact that they had effectively commandeered a person's assets without following the correct process, despite swiftly dismissing their claims that they didn't have proof about the situation.

[Eloise01]

Re: Ex tempore

Obviously Kafka knows the details of the judgement in this case, which I do not, but ex tempore does not mean "snap decision" and should not mean that. As such an ex tempore judgement should be as legally sound as a reserved judgement, albeit less detailed. So for example, if your case clearly cannot succeed under X reason, Y reason, and Z reason - i.e. you are on to a loser - then the ex tempore decision may not include the fact that you also could not win because of D reason and NN case law. It should be less detailed - not less correct! If you feel that a judgement has erred in law, whether ex tempore or reserved, then this gives rise to the process of appeal. Did you appeal, or seek leave to appeal?

[CYNthesys]

Re: Ex tempore

The decision was made by CoA at an oral permission to appeal hearing
Permission to appeal was refused