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Foreword by Lord Nicholls of Birkenhead

Document Cited in Related
Vincent
AuthorDonald Nicholls
Pages13-13
Foreword
by Lord Nicholls of Birkenhead

Dissenting judgments always attract special interest. The judges in a case have all heard the same submissions. What was the legal issue on which they parted company? What were the dissenting judge’s reasons for disagreeing?

Dissenting judgments do more than attract passing interest. They are an important aspect of judicial freedom. They have no legal effect in the cases in which they are given, but they can have a practical effect. At best, a dissenting judgment may be so obviously right that the courts or Parliament soon steer the law along a better path.

In this book, the learned contributors take a fresh look at 19 leading cases noted for their strong dissenting judgments. In each instance, the contributors prefer the views of the dissenting judge. The overriding purpose of the book is to give a ‘second wind’ to these dissenting judgments in the hope this may lead to appropriate law reform.

The selected cases range widely in subject matter, from secrecy of jury trials to private nuisance and interference with the enjoyment of a...

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