Court of appeal powers

Question 1

What is the general rule about the COA

Answer 1

Its bound by its own past decisions

Question 2

what is the date the Young v Bristol aeroplane case was eastablished?

Answer 2

1944

Question 3

List the structure of a COA powers answer

Answer 3

General rule 
each court may persuade eachother 
Decisions from courts above (denning + stare decisis confirmation)
COA exceptions in youngs case
Other powers to depart

Question 4

State the names of cases in the COA powers

Answer 4

Broome v Cassell  & Rookes V bannard 
Schorsch meier and milinagoes
& havannah railways
Williams V fawcett 
REA 
R v Taylor
R v Gould

Question 5

Describe the facts in Bromme v Cassell

Answer 5

Denning refused to follow Rookes V bannard and the HOL overruled and said that he was absolutely bound by all courts above

Question 6

Describe the facts in Schorsch Meier and Miliangoes

Answer 6

Denning refused to follow havannah railways in both these cases and HOL reversed their own decision because he was right, however he was still wrong to go against stare decisis.
On the basis of damages being rewarded in Stirling

Question 7

What principle does REA support

Answer 7

That the COA criminal and civil do not bind each other but can persuade

Question 8

When can the COA depart from their own previous decisions

Answer 8

> Conflicting decisions of the HOL where the HOL overrules COA decision
Conflicting decisions in the COA ie. distinguishing of different precedents
Per incurium (williams v fawcett)

Question 9

describe the facts of williams v fawcett

Answer 9

the paper work failed to specify the breaches or grant of adjournment and was sort per incurium

Question 10

What are the other powers the COA have to depart from past decisions

Answer 10

Criminal devision exception
Distinguish (balfour and merrit)
Confliction with the ECHR where its compatible with human rights and they must overrule

Question 11

Give three reasons why the COA powers should be extended

Answer 11

> Its the final appeal court, allows them to rule out bad law
More experienced than HOL more expertise
Saves time and money

Question 12

Give three reasons why the COA powers should not be extended

Answer 12

> Cause more uncertainty by conflicting decisions
Judge made law
Breakdown in system of precedent
Increased number of appeals through conflicting precedents