operation of precedent

• In terms of the operation of precedent, what is following?

  When there is a previous precedent and the judge in the present case decides that it's relevant, the judge should follow that decision, meaning they apply the same principle of law to the new case.
• What must the judge do if the decision is by a court above/on the same level as the present court?

  The judge must normally follow the previous precedent.
• In terms of the operation of precedent, what is overruling?

  This is where a court in a later case states that the legal rule decided on in an earlier case is wrong.
• When may overruling occur?

  When a higher court overrules a decision made in an earlier case by a lower court or where the Court of Justice of the EU overrules a past decision it has made; or when the Supreme Court uses the Practice Statement to overrule a past decision of its own.
• In terms of the operation of precedent, what is distinguishing?

  A method that can be used by judges to avoid following a past decision which they would usually have to follow.
• How do judges use distinguishing to avoid following a past decision?

  The judge finds that the material facts of the case they are deciding are sufficiently different for them to draw a distinction between the present case and the previous precedent. The judge is then not bound by the previous case.
• What will happen when a new Act of Parliament is passed which contains a provision that contradicts a previously decided case?

  That case decision will cease to have effect. The Act of Parliament is now the law on that point.
• What is an example of when a new Act of Parliament contradicts a previously decided case?

  When Parliament passed the Law Reform Act in 1996: up to then, judicial decisions meant that a person could only be charged with murder/manslaughter if the victim died within a year and a day of receiving the injuries.
• How did the Law Reform Act 1996 contradict the concept that a person could only be charged with murder/manslaughter if the victim died within a year and a day of receiving the injuries?

  The Act enacted that there was no time limit, and a person could be guilty even if the victim died several years later, so cases after 1996 follow the Act and not the previous judicial decisions.