Court Of Appeal

Question 1

What are the principles of the court of appeal in relation to precedent?

Answer 1

Decisions made by one division of the court of appeal do not bind the other division
The court of appeal binds all lower courts
The court of appeal (civil division) binds itself. The criminal division does not but it should aim to follow its previous decisions

Question 2

What did Lord Denning believe about the court of appeal?

Answer 2

That it should have the same powers as the House of Lords, and should even be able to depart from the House of Lords decision

Question 3

What was Lord Denning’s argument for the court of appeal having the same powers as the House of Lords?

Answer 3

Not all cases go to Supreme Court due to lack of funding, meaning it would help make sure cases we’re treated more fairly and justice was received.
It would save unnecessary appeals and prove cheaper for parties involved
Permission to appeal is not always granted
The criminal appeal court in particular has expertise in criminal law making it suitable

Question 4

Briefly, what is Lord Denning’s argument for the court of appeal having the same power as the House of Lords?

Answer 4

Lack of funding
Cheaper
Expertise
Right to appeal

Question 5

What would be the problems of the court of appeals power were to be extended?

Answer 5

It would undermine the power the role of the Supreme Court and may lead to it being abolished
It would reduce the certainty and undermine the system of precedent

Question 6

In what circumstances does the court of appeal not bind itself?

Answer 6

Where there is a previous Supreme Court decision and a previous court of appeal decision the CA must follow the supremes courts decision
Where there are two similar (not the same) the CA may chose which one to follow
The CA may depart from a decision where it was made per incuriam

Question 7

What sets out the circumstances in which the court of appeal does not bind itself?

Answer 7

Young v Bristol Aeroplanes co ltd (1994)

Question 8

What did Young v Bristol Aeroplanes co ltd (1994) set out?

Answer 8

The circumstances in which the court of appeal does not bind itself

Question 9

What is per incuriam?

Answer 9

(Through ignorance of a stature or a binding case)

Question 10

What is an example of the per incuriam exemption in use?

Answer 10

Williams v Fawcett (1986)

Question 11

What is the case of Williams v Fawcett (1986) an example of?

Answer 11

When the per incuriam exception was used

Question 12

What happened in the case of Williams v Fawcett (1986)?

Answer 12

The court of appeal refused to follow the previous decision because it had been based on the misunderstanding of the county court rules dealing with the procedure for committing to prison those who break court undertakings

Question 13

Why is the court of appeal rarely allowed to depart from its own decisions?

Answer 13

Because it is important to have certainty within the law and if both the House of Lords and the court of appeal could depart from its own decisions freely the law would be inconsistent and unfair

Question 14

What happened once Lord Denning retired?

Answer 14

The campaign for change for the court of appeal retired

Question 15

What happened in the case of Rookes v Barnard (1964)?

Answer 15

It gave guidance in awarding exemplary damages

Question 16

What happened in the case of Broome v Cassell (1971)?

Answer 16

Denning refused to follow to earlier decision of Rookes v Barnard (1964) which gave guidance on awarding exemplary damages and was reprimanded and the House of Lords told him he could not do this

Question 17

What happened in the case of R v Havana Railways (1961)?

Answer 17

The House of Lords said that damages could only be awarded in English pounds. Denning refused to follow this in Schorsch Meier v Henning (1976) and argued that due to economic changes there was not jurisdiction for this law

Question 18

What happened with the case of Schorsch Meier v Henning (1976)?

Answer 18

Lord Denning refused to follow the earlier case of Re Havana railways (1961). He argued that due to economic changes there was no jurisdiction for the law that damages could only be awarded in English currency. This case was not appealed to the House of Lords.

Question 19

What happened in relation to the case of Miliangos v George Frank ltd?

Answer 19

The trail judge followed the ruling in Re Havana Railways (1961). This case was then appealed to the court of appeal. This was led by Denning who followed Schorsch Meier v Henning. Miliangos v George Frank ltd then appealed to the House of Lords who again reprimanded Denning but overruled their own decision in Re Havana railways (1961) and followed Denning’s decision.

Question 20

What is an example of Lord Denning’s belief that the court of appeal should be able to overrule its own decisions?
CHECK

Answer 20

In Gallie v Lee (1969) he challenged the rule in Young v Bristol Aeroplane co ltd (1944)

Question 21

What do the cases of R v Gould (1968) and R v Spencer (1986) set out?

Answer 21

That the criminal division of the court of appeal should (if possible) behave like the civil division but can depart from their own previous decisions if the defendants liability is at stake

Question 22

What are the three divisions on the high court?

Answer 22

Queens bench division
Family division
Chancery division

Question 23

What are the divisions of the high court hound by?

Answer 23

The European court of justice, the Supreme Court and the court of all earl

Question 24

Why do inferior courts not bind themselves?

Answer 24

Because they do not generally decide on any issues of importance

Question 25

How can judges should following precedent they do not want to?

Answer 25

Overruling
Distinguishing
Reversing
They can claim the previous decision was made per incuriam, therefore it does but have to be followed

Question 26

What is distinguishing?

Answer 26

The courts can distinguish a case by saying the facts of the current case are different from the facts of the earlier case

Question 27

What is an example of distinguishing being used?

Answer 27

The court said the facts of the case in Merritt v Merritt (1971) involving divorce maintenance was different from the facts of Balfour v Balfour (1919)

Question 28

What is reversing?

Answer 28

Where a court higher up overturns the decision of a lower court on appeal in the same case.

Question 29

What is an example of reversing?

Answer 29

Kennedy (2007)

Question 30

What happened in the case of Kennedy (2007)?

Answer 30

They reversed the court of appeals decision in relation to the self-injection of drugs