Describe the powers of the court of appeal Flashcards
1
Q
Who is the COA bound by?
A
Bound by themselves and the SC
2
Q
What is the case exception?
A
Young v Bristol aeroplane
3
Q
Can the COA distinguish?
A
Yes!
4
Q
Is the COA’s decision binding?
A
No, simply persuasive
5
Q
Can they avoid their own past precedent?
A
Yes
6
Q
How do they avoid their own past precedent?
A
If it has been misapplied or misunderstood
7
Q
What is it called when a decision has been made in error?
A
Per incurium
8
Q
If there are conflicting decisions, what can they do?
A
Choose the one that suits them best
