the court of appeal

• Which courts are both divisions of the Court of Appeal bound by?

  • The Court of Justice of the EU
  • The Supreme Court (formerly the House of Lords)
• What attempts have there been to argue that the Court of Appeal shouldn't be bound by the House of Lords?

  • Broome V Cassell & Co, Ltd (1971): Lord Denning refused to follow an earlier decision of the House of Lords in Rookes V Barnard (1964), on the circumstances in which exemplary damages could not be awarded.
  • In Schorsch Meier GmbH (1975) and Miliagos V George Frank Ltd (1976): the Court of Appeal under Lord Denning's leadership refused to follow a decision of the House of Lords in Havana Railways (1961) which said that damages could only be awarded in sterling.
• What attempts have there been to argue that the Court of Appeal shouldn't be bound by the House of Lords?

  • Broome V Cassell & Co, Ltd (1971)
  • Schorsch Meier GmbH V Hennin (1975) and Miliagos V George Frank Ltd (1976)
• How was there an attempt to to argue that the Court of Appeal shouldn’t be bound by the House of Lords in Broome V Cassell & Co, Ltd (1971)?

  Lord Denning refused to follow an earlier decision of the House of Lords in Rookes V Barnard (1964), on the circumstances in which exemplary damages couldn't be awarded.
• How was there ab attempt to argue that the Court of Appeal shouldn't be bound by the House of Lords in Schorsch Meier GmbH V Hennin (1975) and Miliagos V George Frank Ltd (1976)?

  The Court of Appeal under Lord Denning's leadership refused to follow a decision of the House of Lords in Havana Railways (1961) which said that damages could only be awarded in sterling.
• Which case does the idea that 'Decisions by one division of the Court of Appeal will not bind the other division. But within each division, decisions are normally binding'?

  Young V Bristol Aeroplane Co. Ltd (1944).
• What are the only exceptions allowed by the case of Young V Bristol Aeroplane Co. Ltd (1944) regarding whether within each division of the CoA, decisions are normally binding?

  • Where there are conflicting decisions in the past Court of Appeal cases, the court can choose which one it'll follow and which it'll reject.
  • Where there is a decision of the Supreme Court which effectively overrules a CoA decision, the CoA must follow that decision.
  • Where the decision was made per incuriam because a relevant Act of Parliament or other regulation hasn't been considered by the court.
• Since when has the Court of Appeal (and all other courts in England & Wales) been bound by the European Court of Justice?

  1973
• Why is the Court of Appeal bound by the Supreme Court?

  Because the Supreme Court is above the Court of Appeal in the court hierarchy and because this is also necessary for certainty in law.
• In which case did the Court of Appeal tried to challenge the fact that they were bound by their own past decisions?

  In Davis V Johnson (1979), but the House of Lords confirmed that the Court of Appeal had to follow its own past decisions.
• What is the special exception for the Criminal Division of the Court of Appeal and which case states it?

  If the law has been "misapplied or misunderstood" and this is stated in R V Gould (1968).
• How does R V Spencer (1985) criticise the special exception for the Criminal Division stated in R V Gould (1968)?

  The judges in this case said that there should not, in general, be any differences in the way that precedent in followed in the Criminal Division and the Civil Division.