Binding Precedent

• Binding precedent is a judge's decision which must be followed - some courts can be bound by their own decisions so create a binding precedent for themselves and some courts are bound based on their position in the hierarchy
• When a case involves a point of law, lawyers from both parties will research previous cases to ensure judges follow precedent
• At the end of the case there is a judgment:

  • Summary of the facts
  • Ratio decidendi
  • Obiter dicta
  • Verdict
• Ratio decidendi:

  • Reason for the decision
  • Part of the judgement which is binding on all the lower courts - the case facts must be similar
  • Sometimes the obiter dicta of one case can develop into the ratio decidendi of another case
  • Donoghue v Stevenson - The HoL's states that a manufacturer owed a duty of care to the customer
  • Daniels v White - Court followed ratio decidendi from Donoghue v Stevenson
• Obiter dicta:

  • Other things said 'by the way'
  • Decision that may be followed so this is part of the judgement which creates persuasive precedent
  • Just may speculate on how the decision may have been different considering other facts
  • This can become a binding precedent if it is picked up in a later case and made into the ratio decidendi
  • Brown - Obiter dicta was tat a person can consent to tattooing and branding
  • Wilson - Obiter dicta was picked up from Brown - wife could consent