Civil & Commercial Appeals · Legal briefing

Judgments Without Adequate Reasons

By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:

The practical dilemma

A short judgment does not expressly address a substantial limitation or set-off defence raised in your submissions.

The legal position

Regulation 129 addresses judgments and reasons. Reasons should explain the decision sufficiently for review, without answering every minor argument or reciting all evidence. A material omission may justify intervention, supplementation or remittal depending on its effect. Brevity alone does not establish invalidity or victory for the appellant. Official source 1

Your next step

Identify the unresolved central issue and its practical effect. Assess an appeal, a permitted correction request or another remedy. Connect the omission to the outcome rather than simply count pages.