Development and use the of the UKSC Practice Direction 3&4

Question 1

when were the UKSC bound by their previous decisions

Answer 1

pre 1996

Question 2

what case pre practice directions said that the UKSC were bound by their own decisions

Answer 2

London Tramways v London Council

Question 3

before the practice directions what would be the procedure if the UKSC wanted to change a decision (case)

Answer 3

they had to pass a new act

e.g: DPP v Smith changed by the Criminal Justice Act

Question 4

in 1996 the UK passed the practice directions, what does this allow the UKSC to do

Answer 4

allows them to change when of their previous decisions when it ‘appears right to do so’

Question 5

how did BRB v Herrington use the practice directions

Answer 5

BRB v Herrington overruled the previous precedent in Addie v Dumbrick which had established that trespassers injured were not able to claim personal injury from the occupiers

Question 6

how did Pepper v Hart use the practice directions

Answer 6

Pepper v Hart overruled Davis v Johnson to allow the use of Hansard for statutory interpretation