English Law Basics · glossary
The part of a judgment said by the way, such as how a different case might come out. It can persuade a later court, but it does not bind it. Short for obiter dicta. Case note, Photo Production v Securicor · Chapter 2 · see Ratio
Explained in Chapter 2, Doctrine of Precedent: Ratio Decidendi and Obiter Dicta, of English Law Basics.
Not every sentence in a judgment binds. The part that binds is the ratio: the reason the court needed to decide the case. The rest is obiter: things said by the way, such as how a different case might come out. Obiter can persuade a later court, but it does not bind it.Read Chapter 2, Doctrine of Precedent: Ratio Decidendi and Obiter Dicta →
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