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    can somebody explain how to find ratio decidendi .. for example for a case walker v commissioner of police
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    (Original post by jadgishveera)
    can somebody explain how to find ratio decidendi .. for example for a case walker v commissioner of police
    A ratio decidendi is the reason for the decision, the rule of law on which a decision is based. In the case of Walker v Commissioner of Police (I assume you’re talking about the Court of Appeal’s decision) you’re considering whether the initial detention in the doorway amounted to false imprisonment. The original decision was reversed and their ratio decidendi was that the period the claimant was held in the doorway did amount to false imprisonment as he was not under arrest at the time, distinguishing this case from the ruling Collins v Willcock as it was used in the original trial to justify the ruling of no false imprisonment. In his challenge to the self-defence the Court of Appeal held the original decision because he had acted in a grossly disproportionate way. In his challenge to whether the ‘public order’ charge was valid under s.28(3) of PACE, the Court of Appeal held the original decision again because when the claimant was arrested he must’ve known that he was being arrested for disorderly conduct despite public order being indicative of a number of offences.
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