ibk-lawyers

obiter dictum...

Below are some of our favourite judicial pronouncement. Share with us some of yours!

"A bank's failure may, by force of rumour and suspicion, undermine other banks, perhaps very rapidly — Fama, malum qua non aliud velocius ullum — but it will not always do so."

"It is not the function of the court to determine which of the parties has been the more unneighbourly."

Lady Justice Arden in Waterman v Boyle and Gwilt (2009)

"Quite apart from the judicial qualities of that learned judge, who was not at all prone to aberration, I am perfectly placed to repel any suggestion that advocacy could conceivably have accounted for that result, since I was leading counsel for the applicant."

Bokhary JA in chambers in The Queen v Oscar Li Ka To, on Cons VP grant of bail pending appeal in R v Tam Chung-sing

"Those of us who had even heard the word certiorari, had no idea how to pronounce it. Mandamus was a little clearer, because in our youth we all had to learn a little Latin. Prohibition we understood, although it was mixed up with our film going days and crime in parts of alcohol-free America."

Lord Judge, 4 November 2008, speech to the University of Hertfordshire

"Weight should ordinarily be given to the professional judgment of an editor or journalist in the absence of some indication that it was made in a casual, cavalier, slipshod or careless manner."

Lord Bingham, in Jameel (Mohammed) v Wall Street Journal Sprl [2007] 1 AC 359

"It has been repeatedly and rightly said that what engages the interest of the public may not be material which engages the public interest."

Lord Bingham in Jameel (Mohammed) v Wall Street Journal Sprl [2007] 1 AC 359

"It is not for the defendants to pay for the privilege of watching that vendetta played out (which is the likely outcome, since neither man has the means or, in the claimant's case, the will, to pay the defendants' costs), and certainly not for the court to provide a referee, pitch and staff to allow such a dispute to be hosted at public expense."

Coulson J in Ewing v News International Ltd & Ors (22 July 2008)

"The resources of the judicial system are barely sufficient to afford justice without unreasonable delay to those who do have genuine grievances, and should not be squandered on those who do not."

Staughton LJ in Attorney General v Jones [1995] 1WLR 859 at 865.

"If a history of criminal legislation ever comes to be written it is unlikely that the 2003 (Sexual Offence) Act will be identified as a year of exemplary skill in the annals of Parliamentary drafting."

Lord Justice Rose

"...it has nothing to do with what can be bought in bakeries - the title was translated as 'Maitre des petits pains'. The office of Master of the Rolls is the second oldest surviving judicial office in England and Wales."

Sir Anthony Clark, Master of the Rolls (1 November 2007).

"This was a decision of a distinguished Court of Appeal heard and determined on one day, 5th August, perilously close to the long vacation without citation of any of the relevant authorities."

Lord Templeman commenting on The Metropolitan Bank v. Heiron (1880) 5 Ex.D. 319. in The Attorney General for Hong Kong v Reid [1994] 1 AC 324.

"He must be a bold, if not a conceited, man who can feel confidence in forming, or expressing, an opinion on any one of the problems that arise out of what may be cited together as the Rent and Mortgage Interest Restrictions Acts, 1920 to 1939, but, having once more groped my way about that chaos of verbal darkness, I have come to the conclusion, with all becoming diffidence, that the county court judge was wrong in this case. My diffidence is increased by finding that my brother Luxmore has groped his way to the contrary conclusion."

MacKinnon LJ, in Winchester Court Ltd v Miller [1944] KB 734.

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Also check out less restrained political quotes and quotations from the investment and finance sector.