header-logo header-logo

Rhyme or reason?

27 April 2012 / Simon Johnson
Issue: 7511 / Categories: Features , Child law , Family
printer mail-detail

What do children cases actually decide, asks Simon Johnson

Pretty well the first thing that law students learn about reading reported cases is the importance of distinguishing between the ratio decidendi and any obiter dicta. They learn that the “ratio” is, “(t)he principle or principles of law on which the court reaches its decision” and that obiter dicta are, “(s)omething said by a judge while giving judgment that is not essential to the decision in the case” and that, “(i)t does not form part of the ratio decidendi of the case and therefore creates no binding precedent” (definitions are from the Oxford Dictionary of Law, 5th Edition).

Slightly more advanced students, and cynical practitioners, soon learn to recognise the value of Asquith LJ’s definition (writing extra-judicially in 1950): “The rule is quite simple: if you agree with the other bloke, you say it’s part of the ratio; if you don’t you say it’s obiter dictum with the implication that he’s a congenital idiot.”

The sharp distinction drawn between the statements of principle that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll