Binding Precedent In CofA And Courts Below Flashcards
Who is is bound by
The courts above it. SC and ECJ on EU matters
Who does the C of A bind
Everyone below itself
When can the c of a refuse to follow the sc
If it conflicts with the human rights act
When can the c of a refuse to the sc
If it conflicts with a decision in the European court sharp v Caledonia group service ltd
The court of appeal civil and court of appeal criminal are not binding on each other but
Persuasive
The court of appeal is bound by its own past decision
Young v Bristol aeroplane
What is the first exception to when the c of a civil can avoid being bound by itself
When their are two conflicting decisions in the court of appeal- starmark enterprises v cpl enterprise
What is the second exception to when the c of a civil can avoid being bound by itself
If their decision conflicts with the sc - family housing association v jones
What is the last exception to when the c of a civil can avoid being bound by itself
When a decision has been made per incuriam - morelle v wakeling
Who is the court of appeal criminal bound by
Itself - Young v Bristol aeroplanes
Sc and ECJ
It can not follow its past decision
Young exceptions
What is the extra exception that the court of appeal civil does not have but the court of appeal criminal has
If the decision has been made when the law has been misunderstood of misapplied - r v gould
The divisional courts of the high court are bound by who
All courts above and itself
What are the three exceptions where it is not bound
Young case exceptions
What is the extra exception the divisional courts of the highe court has to not follow itself
R v Manchester coroners ex parte tal where they can depart from their decision if they thought it was wrong
