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itself to proceed to a rehearing or direct a new trial: Lord Phillips, M.R. in English (supra)
4
at para. 26.”

Belize

In Teck v Teck Civil Appeal No.3 of 2013 the Court considered whether the judge’s failure to
give adequate reasons for his decision should be a ground of appeal. The Court adopted the

comments of Henry LJ in Flannery Halifax Estate Agencies Ltd. [2000] 1 All E.R. 373 on the
general duty to give reasons:

“(1) the duty is a function of due process, and therefore of justice. Its rationale has two

principal aspects. The first is that fairness surely requires that the parties—especially the

losing party—should be left in no doubt why they have won or lost. This is especially so since
without reasons the losing party will not know (as was said in Ex p Dave) [1994] 1 All E.R.

315) whether the court has misdirected itself, and thus whether he may have an available

appeal on the substance of the case... (2) The first of these aspects implies that want of
reasons may be a good self-standing ground of appeal. Where because no reasons are given

it is impossible to tell whether the judge has gone wrong on the law or the facts the losing
party would be altogether deprived of his chance of an appeal unless the court entertains an

appeal based on the lack of reasons itself.”

Dominica

Magistrates Code of Procedure Act Cap. 4.20, section 146 (1):

The magistrate shall record the reasons for the judgment in writing and sign at the time of

pronouncing the judgment and within 14 days of the pronouncement of the judgment
appealed against shall cause the reasons to be transmitted to the Registrar of the High Court

and they shall be included in and form part of the record of appeal.

In Graham & Another v The Police (2010) 79 WIR 288, George-Creque JA at paragraph 15

adopted the approach applied by the Court of Appeal of Trinidad and Tobago in Alexander v
William (1984) 34 WIR 340 and Forbes v Chandrabhan Maharaj (1998) 52 WIR 487.

4 Lovell v Rayside Construction Limited Magisterial Appeal No.16 of 2004 Mason JA at [30]
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