court of appeal

• What is the CoA divided into?

  Civil & criminal divisions
• are the civil & criminal divisions bound by their own decisions?

  yes they are both self-binding
• What act is a confirmation for the civil divisions self-binding rule?

  Young v Bristol aeroplane co ltd (1944)
• When does the young exceptions apply to the CoA?

  - two previous conflicting decisions in past CoA cases where the CoA can choose which to apply

  - a later decision of the sc overrules the CA

  - a previous decision was made "per incurium"
• In what case did lord denning unsuccessfully attempt to challenge the rule from Young (1944)?

  Gallie v Lee (1969)
• In what second case did the CoA again try to challenge the rule?

  Davis v Johnson (1997)
• how did the CoA try to challenge the rule in Davis v Johnson?


  by refusing to follow a decision made days earlier
• What 2 exceptions does the criminal division have when not being bound by their own decisions?

  - Young exceptions

  - R v Gould (1968)
• What did R v Gould allow for?

  A previous decision can be changed where the law has been "misapplied" or "misunderstood"
• BATTLE OF THE COURTS
• how long can a case take to use the PS due to an error in the law?

  years
• what do people argue about the SC and CoA?

  the CoA should not always have to follow the SC
• what did lord denning do?

  led a campaign to extend the use of the PS to the CoA
• What was the first case that denning refused to follow?

  in broome v Cassell and co ltd (1971) CoA, he refused to follow decision in Rookes v barnard (1964) HL
• What did the HL do in response to this?

  used PS to alter the law lmaoooo
• what was the second case denning refused to follow?

  Schorsch (1975) and Miliangos (1967) CoA, he refused to follow Havana railways (1961) HL
• what did the HL do in response to this?

  used the PS to AGAIN alter law
• have there been any further challenges to the court hierarchy?


  nope