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Need some assistance in a case.

Discussion in 'Other law subjects' started by Edison Cruze, Dec 10, 2011.

  1. Edison Cruze New law student

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    A (Appellant) v Essex County Council (Respondent), [2010] UKSC 33

    Can you help me identify the ratio of this case?

    What does the limitation issue means?

    Identify the Question of Law and why Lady Hale dissented from the majority :S

    Thanks for the help in advance

    you can find the case at google its a PDF
    Edison Cruze, Dec 10, 2011
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  2. slobrob Moderator

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    First of all, do you know what the ratio means?
    secondly do you know the points of law being argued in this case?

    We are here to help and point you in the right direction but I dont think its right to answer your question as you will not understand the reasoning behind it
    slobrob, Dec 10, 2011
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  3. Edison Cruze New law student

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    ratio means reason for the decision of the case?
    Edison Cruze, Dec 10, 2011
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  4. mike Law student

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    A statement of ratio dicidendi is the reason for a decision. This term is often used when discussing judgements reported in case law. In a written judgement, the judge may describe a number of situations in which the final judgement would have been different. These statements, however, are obiter dicta, or by-the-way. Only the ratio dicidendi -- the real facts and the real decision -- are relevant when applying a binding precedent (see: Precedent). Determining the ratio dicidendi in case law reports is not always straightforward.
    mike, Dec 10, 2011
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  5. Edison Cruze New law student

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    • You ought to make some effort before expecting others to benefit you.
    ah... okay thx mate but I still need my questions to be answered :S
    Edison Cruze, Dec 11, 2011
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  6. mike Law student

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    :rolleyes: what he said!

    I would suggest to hit the books hard!
    I am sure if you post your ideas on these questions that the community can guide you a bit easier.
    mike, Dec 11, 2011
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  7. pheadrus New law student

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    Hey Edison,

    Even if you understand the theoritical meaning of ratio dicidendi, ratio can be hard to identify.

    To identify the ratio in a judgment - I tend to first strike out the facts, the examples, illustrations and elaborations from the language available. I also discount hypothetical statements, which note "would have should have" or "if then" circumstances.

    What you are then left with is analysis of other referred cases, and the analysis of this case.

    Some of the referred cases are distinguished, and they can typically be safely ignored as well. Some referred cases however, are followed, upheld or used in support otherwise. You can usually find some ratio here, in how the judge uses these cases in following them, upholding them or using them to support his conclusion.

    Thereafter, focus on the narration of selective facts, scattered throughout the judgment. The manner in which the judge strings the facts together, analyses them, and concludes from them, often contributes to the ratio.

    Finally, seek out revealing, definitive statements. Where you can see that the judge had several options, and chose one interpretation.
    pheadrus, Dec 25, 2011
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