Original precedent
Original precedent arises where the point of law in the case before the court has never been considered before and there has been no previous judicial decision on it. In such cases, the judge must use his or her own discretion in reaching a final judgment. They will generally adopt an approach known as reasoning by analogy, whereby they will looks at cases which involve a similar principle to the one they are dealing with and apply similar rules.
Binding precedent
Binding precedent is ‘normal’ precedent. It requires a court to follow a previous court decision made in a previous case in the same way. For a precedent to be binding on a judge in a later case, the material facts of the two cases must be similar. The precedent is only binding on courts lower or equal to the court where the precedent was made.
Persuasive precedent
Persuasive precedent is where a lower court makes a decision and a higher court can or may be allowed to use the precedent or decision, but they are not legally obliged to. There have been cases where lawyers will bring up evidence to show that the material facts of their case was the same as a decision made in an inferior court. It is up to the judge to decide if the case is sufficiently similar to allow them to take the merits of the case into consideration when they are making their judgment.