Court Of Appeal Practice Statement Flashcards
Lord denning tried to do this what was he
Master of the rolls
Which division tried to get the practice statement
Civil
Which was the first case he challenged
Brooke v cassell which should have followed rookes v Barnard
Why did denning not follow rookes v Barnard
He believed HL had wrongly decided the case
Was Broome v cassell appealed
Yes
What happened in Broome v cassell appeal
It was dismissed so dennings ruling stood
Why was the HL critical as court of appeal was ignoring these rules
Ignored rules of precedent and the court of appeal should accept not challenge the ruling in the HL
What does the HL believe should happen if they make the wrong decision
Job of the lords to use the practice statement to overrule the decision not the court of appeal
When did the court of appeal challenge the ruling of the HL
In schorsch Meier v Hennings which should have followed Havana railway
Why did denning not follow the HL in schorsch Meier v Hennings
He believed their decision was outdated
Was schorsch Meier v Hennings appealed
No
Was Havana railways then overruled?
Yes a year later milangos v George frank textiles overruled Havana railways by use of the practice statement
Why didn’t the HL let the court of appeal overrule Havana if they wanted to overrule it anyway
Because they wanted to make it clear the court of appeal is bound by the HL and therefore must follow their decisions and only they have the practice statement
