A judge in the UK has delivered his decision in a Family Court matter in the form of “A Letter to a Young Person”. The judgment was delivered by Mr. Justice Peter Jackson in the matter of Re A where he rejected an application from a father seeking permission to relocate to Scandinavia with his fourteen-year-old son. In explaining his decision that the young person concerned should remain in the primary care of his mother and stepfather Mr. Justice Jackson addresses the boy directly, beginning his judgment with “Dear Sam”.
Throughout the judgment informal and accessible language is used to explain the basis of the decision to Sam. Notably, the judge also uses the letter to explain to him why the decision is in his best interest despite it not being the decision he wanted: “Sam, the evidence shows that you are doing well in life at the moment. You have your school, your friends, your music, and two homes. You've lived in England all your life. All your friends and most of your family are here. I have to consider the effect of any change in the arrangements and any harm that might come from it.” The judgment concludes on a personal note with Mr. Justice Jackson wishing the child well and commenting on their shared love of the film My Cousin Vinny.
The judgment serves to highlight the extent to which the complex nature of legal terminology can act as a barrier to justice. In writing his judgment, Mr. Justice Jackson is chiefly concerned with the parties affected by the decision and their understanding of it. His novel approach highlights the important role that the judiciary can play in enabling lay persons to understand court proceedings.
Last year, Mr. Justice Jackson utilised “plain English” in writing a judgment in order to explain to four young children his decision to place them in foster care. That decision was reported by PILA and can be accessed here.
A copy of the judgement is available here.