Obiter dictum
Obiter dictum MEANING
The Obiter dictum phrase refers to a judge's opinion on an area of the law that is irrelevant to the ruling. Certain portions of a ruling are not considered binding, notwithstanding their potential persuasiveness. They consist of:
Assertions of law that are not essential to the conclusion, such as those regarding hypothetical or immaterial facts;
Explanations of the law as it would be if not for the theory of precedent; and
Minority opinions.
In reality, they may be crucial: "A battery of howitzers off the objective is more impressive than a pop-gun on the target" (as stated by Ungoed-Thomas, J in Re Grosvenor Hotel, London (No. 2) [1964] 2 All ER 674. Powerful obiter dicta by the House of Lords and other higher Courts may be regarded as definitive and binding statements of law.
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