Case Law as a Source of Law

Question 1

Who is the Court of Appeal bound by the previous decisions of?

Answer 1

The Supreme Court of the UK and the Court of Appeal only

Question 2

Who is the final court of appeal for civil matters in the UK that do not involve human rights?

Answer 2

The Supreme Court of the UK

Question 3

Following the UK’s departure form the EU, what is the impact of pre-exit judgements of the CJEU?

Answer 3

They have the same binding, or precedent, status in UK courts as decisions of the Supreme Court of the UK

Question 4

True or false, the first tier tribunal is bound by its own decision in a previous case?

Answer 4

False

Question 5

True or false, the upper tribunal is bound by the decision of another upper tribunal in a previous case?

Answer 5

False

Question 6

True or false, the court of appeal is subject to certain narrow exceptions, bound by its own decision in a previous case?

Answer 6

True

Question 7

True or false, the Supreme Court is bound by a decision of the House of Lords in a previous case?

Answer 7

False

Question 8

What is the purpose of the upper tribunal?

Answer 8

To decide a case which involves a point of law on which there is no binding authority

Question 9

You are advising a client on a matter involving a point of law and come across several Court of Appeal cases which include persuasive obiter dicta in favour of your client’s position, but also one Upper Tribunal case which seems to decide the point against your client. What should you do?

Answer 9

See if you can distinguish the Upper Tribunal case making use of the Court of Appeal dicta

Question 10

In what instance is the Upper Tribunal NOT bound by the decisions of the Court of Appeal?

Answer 10

Unless Parliament has overruled the precedent by passing legislation which provides for a rule that is contrary to that on which the decision was based

Question 11

True or false, a first-tier tribunal is free to change its mind?

Answer 11

True

Question 12

In what instance could a judge deciding a case in the Upper Tribunal which has similar material facts to one decided by the Court of Appeal in 1908, decline to be bound by this decision?

Answer 12

If a statute of 1909 provided for a rule contrary to that on which the decision was based

Question 13

True or false, the Upper Tribunal, when deciding a case which involves a point of law on which there is no binding authority, should follow the decision of another Upper Tribunal if it can find no good reason to differ?

Answer 13

True

Question 14

True or false, if there are no conflicting decisions, the Upper Tribunal can choose which one to follow?

Answer 14

False, in the case of conflict, the judge must always follow the later decision

Question 15

True or false, an Upper Tribunal should follow an obiter dictum of the Supreme Court rather than an obiter dictum of the Court of Appeal?

Answer 15

False, the Upper Tribunal is welcome to consider the obiter dictum of the Supreme Court but it does not have to follow it

Question 16

True or false, the Supreme Court may hear appeals direct from the Upper Tribunal?

Answer 16

True

Question 17

True or false, the Supreme Court hears appeals only on points of law of public interest?

Answer 17

True

Question 18

True or false, there is no right of appeal to the Supreme court?

Answer 18

True

Question 19

What does ratio decidendi refer to?

Answer 19

The law that is laid down in an earlier decision that is followed in a later case is known as the ratio decidendi of the earlier case

Question 20

True or false the appellate committee of the privy council is part of the domestic hierarchy of courts in the UK?

Answer 20

False

Question 21

True or false, the Court of Justice of the EU is not part of the domestic hierarchy of courts in the UK?

Answer 21

True

Question 22

True or false, a judge is not bound by a precedent set in an earlier case when the judge disagrees on moral grounds with the earlier ruling?

Answer 22

False

Question 23

What does per incuriam refer to?

Answer 23

When a judge made a decision through lack of due regard to the law or facts

Question 24

True or false, a judge is not bound by a percent set in an earlier case when the precedent conflicts with subsequently passed legislation?

Answer 24

True

Question 25

When a court is not bound by another, and the first court regards the decision of the other as persuasive, what factors have been taken into account?

Answer 25

The seniority of the court which made the decision
The standing of the judge who made it
Whether the court took time to consider its decision

Question 26

What are examples of persuasive precedent?

Answer 26

Obita dicta (other things said) by the judge
Rationes decidendi (reason for the decision) of the lower courts in the UK hierarchy vis-a-vis a court on a higher ranking
The strict legal theory
Rationes decidendi of other courts in common law systems in the commonwealth and decisions of the privy council
Dissenting judgements (cases where more than one judge sits)
Minority judgements
Writings of authors of repute (academic)
Reports of law reform bodies

Question 27

True or false, the Court of Appeal hears appeals from the FTT?

Answer 27

False

Question 28

True or false, the Supreme Court of the UK is the final court of appeal in the UK on tax matters?

Answer 28

True

Question 29

What does stare decisis mean?

Answer 29

The legal principle of determining points in litigation according to precedent