4. System of Precedent

Question 1

What is the horizontal binding effect of decisions of the Court of Appeal in a civil context?

Answer 1

Civil decisions of the Court of Appeal are generally binding on future CoA cases

Question 2

What is the horizontal binding effect of decisions of the Court of Appeal in a criminal context?

Answer 2

In a criminal context, the CoA has discretion to depart from its own decision if it is convinced the decision is wrong and following it would cause hardship

Question 3

What determines the horizontal binding effect of decisions of the High Court?

Answer 3

Whether the High Court was acting as an appellate court or a court of first instance

Question 4

What is the horizontal binding effect of decisions of the High Court where it is acting as an appellate court?

Answer 4

Where the High Court was acting as an appellate court, decisions are binding in future High Court cases

Question 5

What is the horizontal binding effect of decisions of the High Court where it is acting as a court of first instance?

Answer 5

Where the High Court was acting as a court of first instance, decisions are not binding in future High Court cases