KA-2024-BHM-000008 - [2025] EWHC 2093 (KB)

In Glas SAS itself, Falk LJ said, at paragraph 29:

“… there is a minimum level of reasoning that is required. The critical elements of the judge’s decision-making must be recorded, such that the parties understand why the decision was reached. I would add to this that, for obvious reasons, it is usually especially important that the losing party understands why their case was not accepted. Further, the judge should bear in mind that a judgment must be understandable not just to the parties but to an appeal court. The reasons must be “sufficiently apparent to enable the appeal court to uphold the judgment”: English v Emery at [18].”

Falk LJ also pointed out, at paragraph 26 of her judgment:

“In English v Emery the court also recommended at [25] that, where there is a challenge based on an inadequacy of reasoning, the judge should be given an opportunity to provide additional reasons. That was reiterated by Munby LJ in Re A (Children) (Judgment: Adequacy of Reasoning) [2011] EWCA Civ 1205, [2012] 1 WLR 595 at [16], where he said that it was the responsibility of the advocate to draw the judge’s attention to any material omission from the judgment, including any perceived lack of reasons.”