64[1994] B CLC 4 45 (CA).
46
more time may be required to enact it. Statutes and judgments are fundamentally
different kinds of document. While a statute or other legislative instrument provides
little or no context to help the reader, a judgment may provide a great deal of
context. A statute is a series of legal propositions without explanation as to the
policy that underlies them. That policy may have been developed in a lengthy and
rigorous process involving extensive consultation, but the statute invariably says
nothing about it. The reader has to look elsewhere. By contrast, a judgment will
generally explain the policy underlying the law. I have recently had to read a line of
cases dealing with the restrictions on companies carrying on legal proceedings other
than by solicitors and appearing at hearings other than by counsel. The underlying
policy for the restrictive rules is articulated by Sir Thomas Bingham MR in his
judgment in Radford v Freeway Classics Ltd.64 Knowing the rule is one thing, but
knowing the reason for it gives it meaning.
92
In a perverse way, the less contextual assistance afforded by the statute makes it
easier to identify the legal rules the statute contains but more difficult to understand
the rules, while the greater contextual framework afforded by the classical common
law judgment makes it more difficult to identify the legal rule but makes it easier to
understand it.
93
When Parliament enacts a statute, it speaks with a single voice. So too does the
executive or other person exercising law-making powers. There is only one
statement of the law, not several. Multiple judgments in the New Zealand Court of
Appeal, while much less frequent now, are not uncommon. Appellate courts in other
jurisdictions commonly deliver multiple judgments, although I do not know whether
the trend is the same.