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Words: | Submitted: Thu Jul 11 2002
... (and any previous cases) he has used to make his decision. This is the part of the speech which creates the precedent. The other part of the judgement is called the "obiter dicta" ("other things said"). This is where the judge may speculate on how his decision may have changed had the facts been slightly different. The "obiter dicta" is not binding precedent, although the legal reasoning used may be considered in other cases. An example of this is Central London Property Ltd v High Trees House Ltd (1947). In this case, a block of flats in London were leased to a company for a period of 99 years. During the Second World War it was difficult to find tenants for the flats, so the main landlord decided that the company need only pay half the normal rent. After the war the landlord decided he wanted full rent again. In ...
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