Devlin J explained: ‘It is well established that if a judge gives two reasons for his decision, both are binding. . . [T]he practice of making judicial observations obiter is also well established. A judge may often give additional reasons for his decisions without wishing to make them part of the ratio decidendi; he may not be sufficiently convinced of their cogency as to want them to have the full authority of precedent, and yet may wish to state them so that those who later may have the duty of investigating the same point will start with some guidance.’ and suggested the following test: ‘This is a matter which the judge himself is alone capable of deciding, and any judge who comes after him must ascertain which course has been adopted from the language used and not by consulting his own preference.’
Devlin J
[1957] 2 QB 1, [1957] 1 All ER 583, [1957] 2 WLR 404
England and Wales
Litigation Practice
Updated: 05 January 2022; Ref: scu.545152
