Types of Precedent

• Binding Precedent = a precedent that has been set by a HIGHER court in a previous case which must be followed by a LOWER court in a case with similar facts.
• R v Gotts -

  CoA followed the obiter dicta statement in the earlier case of R v Howe and set a new binding precedent all lower courts must follow.
• Original Precedent = where a point of law has NEVER been decided before and so the decision the judge makes will form a NEW precedent for later cases to follow.
• Gillick -

  The courts decided that if it is in the best interest and the welfare of the child, a doctor is under no obligation to inform parents of private and confidential medical treatment.
• Persuasive Precedent = not binding but can be considered when they are trying to decide a case.
• Decisions made by lower courts -

  R v R

  The HoL agreed with and followed the CoA ruling that D could be guilty of raping his wife, despite the decision not being binding on them.
• Dissenting Judgements -

  Hedley Bryne

  The HoL chose to follow Lord Dennings dissenting judgement in Candler v Christmas Crane rather than the majority verdict of the CoA.
• Obiter Dicta Statements -

  R v Gotts

  The judge followed the obiter dicta statement in R v Howe and decided that duress could not be used as a defence to attempted murder.