this is where the judge applies the same principles of law to the case being heard. If the decision is by a court above or the same as the present court the judge must normally follow the previous precedent.
Overruling
when the judge in the present case can overrule a decision of an earlier case if the decision in the earlier case was wrong. Overruling occurs by a judge in a higher court overruling a decision made in a lower court.
Distinguishing
when a judge avoids using binding precedent because the material facts are sufficiently different from the previous case that set the precedent.
Constitutional Reform Act 2005
the Supreme Court is not bound from its decisions
Practice Statement 1966
allowed the Supreme Court to depart from its own earlier decisions 'when it appears right to do so'
Pepper v Hart
Example of Practice Statement 1966 in practice
Young v Bristol Aeroplane
the Civil Divison is bound by its own previous decisions
