i-law

Litigation Letter

Circuit and district judges should not communicate on appeal

Brisset v Brisset [2009] EWCA Civ 679 9 July; SJ 21 July p31

The circuit judge hearing an ancillary relief appeal rejected the husband’s contentions. He told the parties that he had directed the district judge to provide his written comments on them and he read those detailed comments in court. He also told the parties that after receipt of the written comments, he had spoken to the district judge to make sure that the figure being appealed had been checked before the transcript had been approved.

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