Avoiding Precedence

Question 1

Ways of avoiding

Answer 1

Practise statement 1966
Young V Bristol airplane
FORD

Question 2

practise statement year?

Answer 2

1966

Question 3

Who can use practice statement

Answer 3

Supreme Court only

Question 4

What does practise statement do

Answer 4

Allows Supreme Court to depart for. Precious decision that was wrong when it appears right to do so

Question 5

What confirmed practise statement

Answer 5

Practice directions 3 and 4

Question 6

How is practice statement used

Answer 6

Sparingly to ensure consistency

Question 7

First use of practice statement

Answer 7

BRB V Herrington

Question 8

What case did practice statement first depart from

Answer 8

Addie V dumbreck

Question 9

Ford stands for

Answer 9

Follow
Overrule
reverse
Distinguish

Question 10

Follow

Answer 10

Where judge considers precedence relevant and is binded to follow it

Question 11

Follow example

Answer 11

R V Martin follow R V clegg in regard to disproportionate force not being allowe in self defence

Question 12

Overrule

Answer 12

Court in later case decide that different case is wrong if made per iccuram and can then overrule them selves

Question 13

What is per in Curram

Answer 13

Translate as through if lack of care

Decision made in error

Question 14

Overrule example

Answer 14

Anderson c Ryan was overruled by
R V SHIVPURI

Question 15

reverse

Answer 15

Overturns decision of lower court

Question 16

Reverse example

Answer 16

R V Kingston
Supreme Court overruled court of appeal in regard to drunken intent

Question 17

Distinguish

Answer 17

Where judge finds difference in material fact between 2 cases which mean that precedence can no longer be followed

Question 18

Distinguish example

Answer 18

Balfour V Balfour
Merrit V merrit
- distinguish between ITCLR in domestic situations

Question 19

What case state court of appeal can avoid precedence

Answer 19

Young V Bristol aeroplane

Question 20

When can court of appeal depart from previous decisions

Answer 20

Conflict decisions in court of appeal - judge can choose which to follow

Supreme Court has overrule court of appeal

Decision was per incurram

Law has been misapplied or misunderstood