Case Law Flashcards
Outline Case Law
A system of English law based on precedent
Consist of Common Law & Equity
Each time court applies an established principle to new facts or chooses against it, Case Law develops.
Outline the Doctrine of Judicial Precedent & when is it followed
Judge is bound to act/ follow the decisions from previous cases to the facts of similar cases
Stare Decisis maxim - let the decision stand
Followed based on;
+Hierarchy of courts (higher courts not obliged to follow decisions of lower courts)
+Ratio Decidendi - reason behind the decision/ facts treated necessary by judge for basis of decision made / binding for future cases
+material facts must be same in cases
Outline when Judicial Precedent isn’t followed by the court
+made incurium - challenge the judge without due care & attention
+overruled by statute (codify)
+overruled by higher courts
SPREAD TRUST COMPANY LTD V SARAH ANN ACATO HUTCHENSON & OTHERS (2011)
+obiter dicta - words said aside / treated as having persuasive authority in future cases
+differences in material provided
Advantages of Precedent
- consistent / Certainty of decisions made by court
- tested on actual cases compared to statute
- flexible/ adapted to new circumstances
- efficient
- practical/ based on facts
Disadvantage of Precedent
- could result in unfair results as judges discretion is limited
- facts avoiding Precedent question uncertainty about how law is decided
- costs/ fees to go to court / not accessible to all
- difficult to establish ratio decidendi facts
- unjust / not made by parliament
- cases are numerous & not easily located
- long time duration for point of law to be tested/ changed due to lack of gov resources & heavy scrutiny process
Outline the Case Spread Trust Company Ltd V Sarah Ann Acato Hutchenson & Others
Judicial committee of privy council have judgement in relation to appeal following GSY case 2009
Trustee held liable for gross negligence, however replied upon exculpation clause in TI
Issue whether permissible for Trust deed to exclude trustee prior entry of GSY amended law which now prohibits use of clause
Council allowed appeal by majority & stated ‘view taken under English law which GSY law of trust is closely associated’
Case demonstrates importance of English law to offshore centres & example of higher courts overturning decision of lower courts
