“…In R (Youngsam) v. The Parole Board [2019] EWCA Civ 229, Leggatt LJ delivered an incisive concurring judgment (with which Nicola Davies and Haddon-Cave LJJ did not expressly agree) concerned with the proper meaning …”
“…He then proceeded to explain the justification for that conclusion. In R (Youngsam) v Parole Board [2019] EWCA Civ 229, [2020] QB 387, to which we were referred, Kadhim was cited with approval but only for the method of identifying the ratio of a case. I do not read Youngsam as…”
“… between the ratio decidendi of a case and judicial obiter dicta is not always easy to chart: see the judgment of Leggatt LJ in R (Youngsam) v The Parole Board [2019] EWCA Civ 229. However, every judicial decision in relation to a given set of facts should (or ought to) have a ratio. In the present case, the Judge was faced with three es…”
“…on of these words at s.1(7). Nor, in my view, did the decision turn upon that issue – applying the definition of ratio decidendi in R (Youngsam) v Parole Board [2019] EWCA Civ 229, [2019] 3 WLR 33 at [21], it was not seen by the court as a necessary step in reaching its conclusion. Arden LJ uses the word ‘overarching’ interchangeably wit…”