Precedent

• Explain the System of Precedent

  • Precedent is solely dependent on the hierarchy of the courts
  • Supreme court is at the top- binds all courts below it
  • Court of Appeal is bound by SC and itself and binds those below
  • High court if bound by both SC and COA and binds those below
  • Overrule- More senior courts can disagree and create new precedent
  • Reverse- disagree and change it
  • Distinguish- facts not similar enough- can ignore
  • Ratio decendi- reason for decision after applying legal principles
  • Obiter dictum- useful opinion expressed in judgement
• Advantages of the System of Precedent

  • Certainty in the law
  • Uniformity in the law
  • It's flexible
  • Practical in nature
  • Detailed
• Disadvantages of the System of Precedent

  • Difficulties in what Ratio Decendi is
  • Long wait for case to go to court
  • Cases can be easily distinguished
  • Far too much case law and its too complicated
  • Makes law inflexible
• House of Lords Practice Statement

  • Until 1966, London Street Tramways v London County Council dictated that HOL decisions were binding on themselves
  • Once it made a decision it could only be changed by a change in law by parliament
  • This allowed for law to not be changed with social progress or controversial decisions to be stuck for a long time until parliament addressed it
  • Practice statement allowed them to overturn their own decisions, but it is only used sparingly and when absolutely needed
• How does the Court of Appeal work

  • Ranks immediately below the SC and is generally bound by their previous decisions
  • Also usually bound by it's own decisions
  • Young v Bristol Aeroplane Co gives it some exceptions
  • Conflict between two decisions by them they must pick one
  • Decision has been overruled by the Sc
  • Previous decision given per incuriam
  • Previous decision is contrary to EU law