Dissent

to disagree. A dissenting judge is one who does not agree with the majority of the other judges.

A dissenting judge is one who does not agree with the other judges.  The opinion of the dissenting judge is different from that of the majority of judges.

A dissenting judgement arises where a case has been decided not by a unanamous decision but by a majority of the judges ( for example 3-2 or 2-1).  The judge who disagreed with the majority will set out their legal reasoning for their decision in a dissenting judgment.  In the event of an appeal, the higher court for example the House of Lords may be 'persuaded' by the reasoning of the dissenting judgment and give a ruling which reflects their preferred reasoning.


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