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Paper 2: Law Making and Tort Law
Judicial Precedent
Hierarchy of the Courts
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Cards (4)
1. Supreme court - Most
senior
court in the UK and its decisions bind all the courts
below
it
Before the
Practice Statement
1966 it was bound by its own
decisions
, but now it does not have to follow its own
decisions
, although it usually does
2. Court of Appeal - Decisions of the CoA forms binding
precedent
for all
lower
courts
CoA is bound by decisions of the
Supreme Court
Generally bound to follow its
own
decisions apart from exceptions found in
Young
v Bristol
Aeroplane
3. High Court -
Appellate
courts within this court (family division, QBD and chancery) are bound by the
Supreme
Court and CoA
It is bound by its
own
decisions and the divisions bind those
below
High Court as a court of
first instance
is bound by all courts
above
and binds all
lower
courts
4. Inferior Courts -
County
,
Crown
and Magistrates Courts are bound by all higher courts
These courts are not bound by their own
decisions
nor do they bind other courts as they only create
persuasive
precedent