Douglass v Yallop (1759) 2 Burr. 722, EWCA

Citation:Douglass v Yallop (1759) 2 Burr. 722, EWCA

Rule of thumb:Should Judgments be published? It is an long held law of England that Judgments should promulgated & disseminated in public and not be private documents between the parties.

Judgment:

This case reaffirmed that Judges must make proper records of what goes on in Court or else they are liable for the damages of this – the previous decision was made by a jury but this case reaffirmed this as robust and fundamental point of UK law – the authorities must take their duties in keeping records seriously and pay for any mistakes in failing to do so, ‘Lord Mansfield intimated, that it very much concerned the chief clerk, to take care that judgment be actually entered up upon the roll in due time, and docketed: for that after he has received his fees for making such entry, he would be liable to an action upon the case, to be brought by the purchaser who should have become liable to it, and had searched the roll without finding it entered up’

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.