Latin tag meaning “dissenting”. In legal practice it indicates that a judge, tribunal member or decision‑maker disagrees with the majority and has issued (or aligned with) a dissenting opinion. In older UK and Irish law reports it commonly appears after a judge’s name (for example, “Bloggs LJ, dissentiente”). The term is not defined by statute; it is a descriptive expression used across multiple contexts, chiefly case reporting and, historically, minutes of meetings or resolutions.
Key features and usage:
- Identifies a minority view in appellate courts and tribunals.
- Signals that any accompanying dissenting judgment is not binding precedent but may carry persuasive authority.
- Helps readers distinguish the ratio decidendi from obiter and dissent.
Jurisdictional notes:
- Usage and meaning are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland.
- More frequently encountered in older reports and some Scottish materials; modern drafting typically prefers “dissenting” or “dissenting judgment”.
Practical significance: flags a split decision and guides advocates and courts assessing the weight of competing judicial reasoning.