summary

• 1.Stare Decisis

  •Ensures consistency, fairness, and predictability in law.

  •Decisions of higher courts bind lower courts in the same hierarchy.

  2.Ratio Decidendi

  •The legal reasoning or principle established in a case that forms the binding precedent.

  •Only this part of the judgment is binding.

  3.Obiter Dicta

  •Additional observations or comments made by the judge that do not form part of the binding decision.

  •Persuasive but not binding.

  4.Binding Precedent

  •A decision from a higher court that must be followed by lower courts in similar cases.
• Definition

  Judicial precedent, also known as case law, is the system where past judicial decisions create law for future cases of similar facts. It operates on the principle of stare decisis (“to stand by what has been decided”).
• 1.Original Precedent

  •Created when no previous case law exists on a point.

  •Example: Donoghue v. Stevenson (1932) established negligence in tort law.

  2.Binding Precedent

  •Must be followed by lower courts.

  •Example: R v. Brown (1993) on consent in cases of harm.

  3.Persuasive Precedent

  •May influence but not bind.

  •Example: Decisions from the Privy Council (e.g., The Wagon Mound (1961) on remoteness of damage in tort).
• 4.Distinguishing

  •Judges avoid precedent by showing material differences between the current case and the earlier one.

  •Example: Merritt v. Merritt (1970) distinguished from Balfour v. Balfour (1919).

  5.Overruling

  •A higher court overturns the decision of a lower court or its own earlier decision.

  •Example: Pepper v. Hart (1993) overruled Davis v. Johnson (1979) on using Hansard in statutory interpretation.
• 6.Reversing

  •A higher court changes the decision of a lower court on appeal.

  •Example: Fitzpatrick v. Sterling Housing Association (1999) reversed the Court of Appeal’s decision regarding tenancy rights.
• Advantages of Judicial Precedent

  1.Certainty

  •Provides predictable outcomes.

  2.Consistency and Fairness

  •Similar cases treated alike.

  3.Efficiency

  •Saves time as legal principles are quick 
• Court Hierarchy and Precedent

  1.Supreme Court

  •Highest appellate court.

  •Binds all lower courts but can depart from its own decisions (using the Practice Statement 1966).

  2.Court of Appeal (Civil and Criminal Divisions)

  •Binds itself and all lower courts, with some exceptions:

  •Conflicting previous decisions.

  •A higher court decision overrides.

  •Decision made per incuriam (in error).

  3.High Court

  •Binds lower courts but not itself.

  •Decisions are persuasive

  4.Crown, Magistrates’, and County Courts

  •Do not create binding precedent but must follow decisions of courts.
• The Practice Statement 1966

  •Allows the Supreme Court to depart from its own previous decisions “when it appears right to do so.”

  •Significant cases include:

  •Addie v. Dumbreck (1929) → BRB v. Herrington (1972) (Duty of care to trespassers).

  •R v. Shivpuri (1986) overturning Anderton v. Ryan (1985) on impossible attempts in criminal law.