Describe The Hierarchy As A Feature Of Judicial Precendent

Question 1

Why is a rigid court hierarchy essential for judicial precedent?

Answer 1

It ensures judges know which decisions are binding, and so must be followed, and which decisions are not binding and so can be overruled.

Question 2

What is the role of appellate courts in judicial precedent?

Answer 2

They only hear appeals and are more important than courts of first notice when creating precedent.

Question 3

What is the role of Supreme Court in judicial precedent?

Answer 3

It is the highest civil and criminal appeal court in the UK (replacing the House of Lords in 2009). Its decisions are binding on all lower courts ( LONDON STREET TRAMWAYS CASE 1898) and it generally binds itself.

Question 4

What is the House of Lords 1966 Practice Statement?

Answer 4

Now known as Practice Directions 3 + 4, it allows the Supreme Court to overrule its own decisions “where it appears right to do so”, resulting in a change in the law. But this freedom is used sparingly to maintain stability in the law.

Question 5

Provide examples of cases where the 1966 Practice Statement was used.

Answer 5

There has been a reluctance to use it but its 1st major use is in BRITISH RAILWAYS BOARD v HERRINGTON: overruling ADDIE v DUMBRECK, where it was established that the occupier of land does owe a duty of common humanity to trespassers. In PEPPER v HART, overruled DAVIS v JOHNSON and allowed Hansard as an extrinsic aid to statutory interpretation.