1A.4.1 The court structure Flashcards
Why is the court hierarchy necessary?
It is necessary so that judges know which courts’ decisions they are bound by
Which act largely established the court structure?
Today’s court structure was largely established by the Judicature Acts 1873-75
What happened to the House of Lords in 2009?
The Supreme Court replaced the HOL as the final appeal court in 2009
Why might a UK court refer to the European Court of Justice?
A UK court may refer a point of European law to the ECJ for interpretation
What are the binding powers of the ECJ?
The ECJ’s interpretation is binding on all European Union courts
Are the ECJ bound by their own previous decisions?
No, the ECJ are not bound by its previous decisions
What are the binding powers of the Judicial Committee of the Privy Council?
Not binding in UK courts, but are persuasive
What is the JCPC?
The Judicial Committee of the Privy Council is the final appeal court for many Commonwealth countries
Who sits in the JCPC?
It is staffed by the Supreme Court judges
Where is the Supreme Court in the UK court hierarchy?
It is the top of the UK court structure
What are the binding powers of the Supreme Court?
Its decisions are binding to all lower courts
What is the Supreme Court?
It is the final criminal and civil appeal court in the UK
What is the 1966 practice statement?
The Lord Chancellor said the HOL are free to depart from their own decisions, although it should be used sparingly.
What is an example of a case that used to 1966 practice statement?
British Railway Board v Herrington
The HOL said that it is the land owner’s responsibility to make sure trespassers don’t get injured, despite previously saying otherwise
Who are the Court of Appeal bound by?
The Supreme Court and themselves, although Young v Bristol Aeroplane Co. (1944) set out when they don’t have to follow their own precedent
