The common law has long recognised that courts should give adequate reasons for their decisions, subject to long-established exceptions1, in order that a party can adequately exercise any appeal rights, so that justice is not only done but is seen to be done and also as a bulwark against arbitrariness2. This duty is now supplemented by the right to a reasoned judgment under Article 63, which will be violated if a judgment is unclear as to whether the court has addressed a submission which is fundamental to the resolution of the proceedings
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