Judicial Precedent - Law Reporting and Judgements

Question 1

What is Law Reporting?

Answer 1

Judgements in cases are recorded in law reports. They are crucial to precedent because for judges to be able to follow previous decisions they need to be recorded.

Question 2

When was it established?

Answer 2

Law Reporting was established in 1865, by the establishment of the Incorporated Council for Law Reporting. The council records the decisions of:

1. The Supreme Court
2. The Court of Appeal
3. Divisional Courts

They also record private law reports, which cost money:

1. All England law reports
2. Weekly law reports

Question 3

What do they include?

Answer 3

1. Name
2. Court
3. Judge
4. Date
5. Facts
6. Previous decision
7. Cases or statutes referred to
8. Judgement

Question 4

Judgements

Answer 4

It’s at the end of a case that the judge will make a judgement. This is the most important part of a law report. The judgement is divided into two parts.

Question 5

Ratio Decidendi

Answer 5

Meaning “Reasons for deciding”. This part of the judgement contains the point of law being discussed and forms the precedent which lower courts must follow, therefore, the ratio is binding.

E.g. Oxford v Moss where the ratio was that information cannot be property for the purposes of the offence of theft.

Question 6

Obiter Dicta

Answer 6

Meaning “Other things said”. This is the remainder part of the judgement which has persuasive value, meaning that courts in later cases can choose to follow the obiter from an earlier case if they wish but do not have to.

E.g. R v Howe where duress was not a defence for attempted. In R v Gotts the court chose to follow the obiter dicta from Howe, therefore this became their ratio decidendi.