ABSTRACT

Ratio decidendi-the reasons for the decision; the legal principles used to decide a case. This is the binding part of a judgment.

Obiter dicta-things said ‘by the way’ (singular, ‘obiter dictum’). Judges may be commenting on the law in general, or saying what they think the law should be if the facts were slightly different. Obiter dicta are persuasive only, not binding.