Judicial precedent

• Judicial precedent – how judges make law for other judges to follow 
• When interpreting previous decisions, judges can decide whether to:

  1.     Follow it 

  2.    Overrule it 

  3.    Reverse it

  4.    Distinguish it 
• Follow it:

  If facts are the same, the judge must apply the legal principle in the same way.
• Overrule it:

  Judges can overrule earlier decisions if they disagree with the previous statement. The outcome of the previous decision stays the same but will not be followed in later cases.
• Reverse it:

  This can only happen in the specific case that is being appealed – the Court of Appeal can reverse a decision if they feel it is wrong.
• Distinguish it:

  If the facts of the cases are sufficiently different, the judges don’t need to follow the previous decision. (Balfour v Balfour and Merrit v Merrit).