Gault J. delivering the judgment of the court also dealt expressly with the cancellation issue which had been argued in the course of the appeal.

Delivering the judgment of the Court, Chief Justice Wee Chong Jin held that the scope of judicial review depends on whether a precedent fact is involved.

In the Court of Appeal, the case was heard by May, Dyson and Brooke LJJ, with Brooke delivering the judgment on 5 November 2004.

In delivering the judgment of the Court of Appeal, Sellers LJ said that, even if there were no other terms as to the state of the goods, fundamentally the seller was selling a 1961 Herald.

The Court unanimously ruled against Blackmer, with Chief Justice Charles Evans Hughes delivering the judgment and opinion of the Court and Justice Owen Josephus Roberts not participating.

It is submitted that this is the correct approach, but in Dunne v. North Western Gas Board Sellers L.J., delivering the judgment of the Court of Appeal, considered that common benefit was an important factor.

In Ward v. James (1966), Lord Denning, delivering the judgment of the Court of Appeal, held that personal injury cases were unsuitable for jury trials owing to the technical expertise and experience needed in assessing damages.

In Jeyaratnam Joshua Benjamin v. Lee Kuan Yew (1992), Justice L.P. Thean, when delivering the judgment of the court, held that "[p]ersons holding public office or politicians ... are equally entitled to have their reputations protected as those of any other persons".

Thus in Reg. v. Chief Metropolitan Stipendiary Magistrate, Ex parte Choudhury [1991]1 Q.B.429, where the issue was whether the common law offence of blasphemy is restricted to Christianity, Watkins L.J., delivering the judgment of a strong Divisional Court said, at p. 449:

They did not apply their minds while delivering the judgement."

In delivering the judgement of the Court of Appeal, Lord Lane said:

In Rex v. Donovan, Swift J., in delivering the Judgement of the Court of Criminal Appeal, said:

In R v. Morris (Clarence Barrington), Potter LJ., in delivering the judgement of the Court of Appeal said (the citations that he quotes from the textbook are omitted):