Reply to: Should she stay, or should she go now?

[SueEllen]

Well she went...

BBC News - Student Yashika Bageerathi deported to Mauritius

She did indeed.

I'm now waiting for some criminal of a similar age who is on benefits and who has no hope for the future being given the right to remain.

[northernladuk]

Well she went...

BBC News - Student Yashika Bageerathi deported to Mauritius

[vetran]

Does anyone know whether an injunction can create a precedent? I thought a court case sets a precedent, whereas an injunction is a court order.

But I really don't know a great deal about the law so if anyone can advise, it would be interesting to know.

+1

[Old Greg]

so Ober Dicta is pointless, I'll tell the Law Society.

I agree its probably a stretch, but even if it doesn't go anywhere it gives a clever lawyer a reason to hold up deportation for months in a similar case and garner support.

Does anyone know whether an injunction can create a precedent? I thought a court case sets a precedent, whereas an injunction is a court order.

But I really don't know a great deal about the law so if anyone can advise, it would be interesting to know.

[vetran]

The high court is however the first stop for these injunctions...... As such there is nothing binding lower courts and anything binding is only the case if they are 100% identical (which they will never be)...

so Ober Dicta is pointless, I'll tell the Law Society.

I agree its probably a stretch, but even if it doesn't go anywhere it gives a clever lawyer a reason to hold up deportation for months in a similar case and garner support.

[eek]

Which part of obiter dicta do you not understand?

The high court is however the first stop for these injunctions...... As such there is nothing binding lower courts and anything binding is only the case if they are 100% identical (which they will never be)...

[vetran]

which part of precedent have you not quite grasped. The high court doesn't set precedent, as its decisions do not bind others.....

Which part of obiter dicta do you not understand?

Courts may consider obiter dicta in opinions of higher courts. Dicta of a higher court, though not binding, will often be persuasive to lower courts.
The obiter dicta is usually translated as "other things said", but due to the high number of judges and several personal decisions, it is often hard to distinguish from the ratio decidendi (reason for the decision).
For this reason, the obiter dicta may usually be taken into consideration.

[eek]

The injunction is being applied for in the high court. Not sure why you think this is below other courts?

which part of precedent have you not quite grasped. The high court doesn't set precedent, as its decisions do not bind others.....

[vetran]

The court this case was being appealed at is a long way below the ones that create precedent.

I really do worry about the general knowledge of many people on this site.... Especially when you think the people here are more intelligent than the general public

No wonder people believe those tax scams....

The injunction is being applied for in the high court. Not sure why you think this is below other courts?

[sasguru]

Its quite simple by the sounds of it.

Just answer no to the question did you pack this bag yourself ....

[eek]

It appears Air Mauritius wouldn't take her either.

Its quite simple by the sounds of it.

Just answer no to the question did you pack this bag yourself ....

[sasguru]

But it's an executive/political decision (if made by Home Secretary), not a judicial decision, so there is no judicial precedent.

Stop. You're confusing him. Go slowly.

[eek]

The court this case was being appealed at is a long way below the ones that create precedent.

I really do worry about the general knowledge of many people on this site.... Especially when you think the people here are more intelligent than the general public

No wonder people believe those tax scams....

[northernladuk]

It appears Air Mauritius wouldn't take her either.

[Old Greg]

So if we let her stay every lawyer will cite this situation as a precedent until some judge agrees.

But it's an executive/political decision (if made by Home Secretary), not a judicial decision, so there is no judicial precedent.