OBITER DICTER

-Comments made by a Judge
(other things said)
-Are not binding but can be persuasive
(especially if said by a senior judge

RATIO DECIDENDI

-Legal reason for the decision
-Its the part of judgement that is applied at a later case.

-Binding to lower court judges to which it was made
-Persuasive to higher court judges to which it was made.

ORIGIONAL PRECEDENT

-A similar case has never been previously decided
-The judges decision forms a new precedent for all courts lower in the hierarchy
-Judges will look at the most similar cases to make their decision.

BINDING PRECEDENT

-When a ratio is made by a judge in a higher court and the judges in the lower courts are bound by the same decision

(only if the case facts are similar enough and it still stands if the lower court judge disagrees)

A COURT LOWER in the HIERARCHY

-Higher courts may consider and be persuaded by a ratio or even obiter made in a lower court and decide it's the correct principle/

PRIVY COUNCIL

-Final appeal court
-Decisions are persuasive (supreme)
-Not part of the hierarchy so not binding

DECISION of COURTS in other COUNTRIES :

-More likely to happen in countries that use similar common law;
Canada
Australia
New Zeeland

DISSENTING JUDGEMENTS

-CoA + Supreme (if a unanimous decision cant be made a majority is used)
-The decanting judge/s should give a reason
(This reason can be persuasive in future cases)

*ANDERTON v RYAN

-D bought a camera which they suspected to be stolen
-Found Not Guilty as it was be 'asinine' to comit an uncomitable offence

*RONDEL v WORSLEY

-Barristers are immune from negligence for their conduct in a case in court

(claims made due to a barrister not asking all the questions)

*MPC v CALDWELL

-Man set is boss' hotel on fire when he was intoxicated (10 residents inside)
-A person is reckless as to weather property is damaged where:
-does an act creating devious risk
-not given any thought to risk

*ADDIE v DUMBRECK

-Child died when climbing on haulage apparatus on trespassed land
-No duty of care was owed to trespassers to ensure that they were safe when coming on to the land. The duty was to not inflict harm wilfully.