header-logo header-logo

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

Rhyme or reason?

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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll