Chapter 3 - Case Law

Question 1

Privy Council

Answer 1

An appeal court of cases from certain small Commonwealth countries and overseas territories as well as from certain professional bodies.

The decisions are not binding as precedents on UK courts but are strongly persuasive as the Supreme Court Justices also act as judges in the Privy council

Question 2

Practice Statement 1966

Answer 2

Statement by House of Lords confirming that it will decide not to follow its own previous decisions “ when it appears right to do so”

Question 3

Reverse

Answer 3

On appeal a higher court can reverse the decision made by a lower court. The loser in the lower court will “win” in the higher court

Question 4

Distinguish

Answer 4

Judges may “distinguish” an earlier case by stating that its facts are different in a way which is legally significant.

Question 5

Overrule

Answer 5

To set aside the decision of the lower court or the same court in the earlier case

Question 6

Persuasive precedent

Answer 6

A decision of the court which later courts may choose to follow but not bound by

Question 7

Binding precedent

Answer 7

A case whose ratio decidendi must be followed by lower courts

Question 8

Judicial precedent

Answer 8

The doctrine that requires every court in the UK to follow the precedents set in previous cases.
Lower courts are bound by the higher courts’ decision

Question 9

Stare decisis

Answer 9

“To stand by decided matters” – in order achieve fairness, later cases with similar facts to earlier cases should be decided similarly.

Question 10

Obiter dicta

Answer 10

From Latin - “Words said by the way” in the judgement.
These statements do not create binding precedent but may be persuasive, particularly where judges in the higher courts consider that the law would have been in the facts of the current case had been different.

Question 11

Ratio decidendi

Answer 11

from Latin - “The Reason for the decision”.
It is the principal of law upon which a court reaches its decision in the case. The ratio on of the case id binding on lower courts under the doctrine of judicial precedent.

Question 12

1st instance courts

Answer 12

County Court ->Binds no-one, Less important civil cases
Magistrates’ Court -> Binds no-one, Less serious criminal cases
Crown Court -> Binds no-one, Some appeals from Magistrates court and more important criminal cases

THESE COURTS CAN NOT CREATE A PRECEDENT

Question 13

Hight Court

Answer 13

Family Division
Chancery Division
QBD Division

Divisional Court bound by itself, Supreme Court and Court of Appeal.

Binding on all lower courts including the High Court

Question 14

Court of Appeal

Answer 14

Criminal and Civil Divisions
Civil division - NORMALLY binds itself subject to exceptions in Young v Bristol Aeroplane.

Criminal division – not bound by previous decisions but strongly persuasive

Court of Appeal bound by Supreme Court

Court of Appeal binds lower courts

Question 15

Supreme Court

Answer 15

Binds lower courts but not itself.

However can only depart from decisions ‘where it appears right to do so’ – Practice Statement 1966

Question 16

Names of the cases in Civil law

Answer 16

the names of the partners (Jones v Smith (2017)). Claimant goes 1st. If appealing - appellant will go 1st.
**
Re Jones (1948) - regarding deceased person in dispute of this property
**
Re S (transfer of residence) (2010) - only child’s initial due to privacy

Question 17

Names of the cases in Criminal law

Answer 17

R v Smith (R standing for Rex or Regina)#
V stands for versus but we say AND
**
Jones v Smith [2004] 3All ER 411 - the volume number eg 3 All ER means volume 3 of the All England Law Reports and page 411
***
Brown v Davies [2006] EWCA Civ 166 - UKSC Supreme Court or EWCA Eng and Wales Court of Appeal and the case number