On the other hand in delivering the ratio decidendi

On the other hand, in delivering the ratio decidendi , judges may make obiter dicta, which in Latin
means ‘by the way’, which are remarks made by judges ‘in passing’. Whereas ratio decidendi are
binding, obiter dicta are persuasive only.
Akin to obiter is the concept of semble ("it seems"). In Simpkins v Pays [1955] 1 WLR 975,
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a
grandmother, granddaughter and a lodger entered into weekly competitions in a Sunday newspaper.
Each week, all three women together made a forecast and each contributed to the cost of entry; but it
was the grandmother's name that was on the coupon. The grandmother subsequently won £750 in
prize money and refused to share it with the other two. The lodger successfully sued for one third of
the prize money; but Sellers J added semble that the granddaughter should also get £250, even
though she had not been a party to the action in that she took no part in suing her grandmother.
HOW TO READ CASE LAW
A case on its own is not very informative. The question you should ask yourself is: what does this
case add to what I already know about the law in this area? The process of case reading is a
spiralling process which means that every time you go back and read the case you find more.
Therefore you should never think your brief of a case is final.
The art of reading case law is one of the most significant common-law lawyerly skills. The University
of New South Wales suggests that students should read case law in accordance with the following
sequence:
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ONE WAY TO BRIEF A CASE .
1. Read it all through without writing anything down .
2. Now read it again.
3. Write the citation: Write the case name and citation accurately. Make sure you have the
name of the court and the date. Also add your text reference or reference in your notes so
you can find it again.
4. Facts of the case: You should leave this blank or merely sketched in at this stage and come
back to it. The material facts can only be established once you are clear about the issues in
the case.
5. Remedy sought: What did the plaintiff/applicant/appellant want?
6. Prior proceedings: What happened in the court(s) or tribunals below, if any?
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LML 6001-3 LEGAL REASONING AND STATUTORY INTERPRETATION 2018 SEMESTER 2
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7. Arguments of the parties: Establishing the arguments will help you decide what the legal
issue is.
8. Grounds of appeal: This may have been established by the arguments. This is another
indicator of the legal issues.
9. Issue: What is the legal issue which the court has to decide?
10. Outcome or decision: Who won the case? Was the appeal allowed or denied?
11. Legal Reasoning: The process of reasoning used by the judges to come to their decision.