Inf of Courts Hierarchy on JP (8)

• Every court is bound to follow the decisions of higher courts

  
  

  Court of Appeal and Supreme Court are only courts to set original precedents that then bind lower courts

  
  

  Court of Appeal and Supreme Court are usually required to follow their own decisions but are exceptions
• Court of Appeal

  Criminal and civil divisions are separate and do not bind each other

  But are bound by decisions from within their own division unless:

  
  

  Rules when CoA can overrule their own decisions - Young v Bristol Aeroplane Co

  1. Two conflicting previous precedents
  2. Previous precedent conflicts with a Supreme court precedent
  3. Decision was made in error

  R v Gould - added additional exception (criminal only)

  • Where law has been misapplied or misunderstood
• Supreme Court

  Court should follow its own precedents - London Street Tramways

  
  

  Practice Statement 1966 - gave House of Lords right to overrule itself but only if it was 'right to do so'

  
  

  Austin v Southwark - same rule from House of Lords also applies to Supreme court