Ways of avoiding Judicial Precedent

• The Practice Statement (1966)

  Allows Judges to use powers 'when it appears right to do so'

  • It is used when the law is outdated or incorrectly applied.
  • Supporting Case - Used in BRB V Herrington to avoid Addie V Dumbreck which previously stated that 'no duty of care was owed to trespassers.'
• Young Exceptions


  Can only be used by the CoA, used when the law has been decided

  • In error or is outdated
  • Is misapplied or misunderstood
  • Or has been amended by the Supreme Court
  • For e.g. - overruled Family HA V Jones
• Reversing 


  Judges in higher courts do not have to listen to lower courts decisions pertaining the same case.

  • When they feel the law has been decided incorrectly in the lower court
  • e.g. - Fitzpatrick V Sterling House Association, the HoL reversed the decision from the CoA pertaining to the fact that a homosexual partner of a deceased tenant could not take over the tenancy.
• Overruling


  Judges in higher courts do not follow their own decisions or those of the lower courts.

  • Where the law is outdated / incorrect.
  • Used in R v R to overrule R v Miller where rape between spouses was not a crime.
• Distinguishing 


  Used when there are material differences between the cases.

  • When judges feel applying the binding precedent would lead to injustice.
  • Used in R v Brown where consent was not a defence for s47 (ABH) but in R v Wilson, consent can be used when the injuries are more like a tattoo.
• What is the Court Hierarchy?


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