CoA powers in relation to is own decisions (precedent) A01

Question 1

who is the CoA bound by

Answer 1

the CoA is bound by:
- the decisions of the UKSC
- the ECtHR
- their own decisions (exceptions)

Question 2

what is the relationship between the civil and criminal divisions of the CoA

Answer 2

the criminal and civil divisions of the CoA are not bound by each others decisions → but they can be used as persuasive precedent if they wish

Question 3

what are the exceptional circumstances where the CoA aren’t bound by their own decisions

Answer 3

the CoA is bound by its own previous decisions except in 3 exceptional circumstances under Young v Bristol Aeroplane

Question 4

what is the first exceptional circumstance from Young v Bristol Aeroplane

Answer 4

if two previous decision of the CoA conflict - the CoA can chose which decision to follow

Question 5

what is a case that illustrates the first exceptional circumstance

Answer 5

Tiverton v Wearwell - CoA decided to follow the older law

Question 6

what is the second exceptional circumstance from Young v Bristol Aeroplane

Answer 6

if a decision from the CoA conflicts with the UKSC - CoA must follow the UKSC decision

Question 7

what is a case that illustrates the second exceptional circumstance

Answer 7

Family Housing v Jones - CoA couldn’t follow their previous decision as it conflicted with a previous UKSC decision

Question 8

what is the third exceptional circumstance from Young v Bristol Aeroplane

Answer 8

if the decision was a mistake/careless the CoA can refuse to follow (only in rare/exceptional cases)

Question 9

what is a case that illustrates the third exceptional circumstance

Answer 9

Rickards v Rickards - CoA refused to follow their decision as they believe they misunderstood the previous UKSC decision