Distinguishing, Overruling & Reversing

Question 1

What is distinguishing?

Answer 1

This is a method used by a judge to avoid following a past decision which he would otherwise have to follow

Question 2

How can a judge distinguish a case?

Answer 2

The judge can find material facts of a case they find sufficiently different in order to draw distinction between the present case and the previous precedent

Question 3

What are the 2 cases which demonstrate the process of distinguishing?

Answer 3

Balfour v Balfour 1919

Merritt v Merritt 1971

Question 4

What did both cases involve?
Balfour v Balfour 1919
Merritt v Merritt 1971

Answer 4

Both cases involved a wife making a claim against her husband for breach of contract

Question 5

Why was the wife in Merritt v Merritt 1971 more successful than the wife in Balfour v Balfour 1919?
lengthy

Answer 5

In Merritt v Merritt the agreement was binding and made after the couple were separated as so it was found that spouses who have separated generally intend to be bound by their agreements, there was also a written agreement
however
In Balfour v Balfour 1919, the couple were happily married and merely a social and domestic agreements and so were not legally bound by the agreement

Question 6

What is overruling?

Answer 6

This is where a court in a later case states that the legal rule decide in an earlier case is wrong.

Question 7

When may overruling occur?

Answer 7

when a high court overrules a decision made in an earlier case by a lower court , e.g UKSC overruling a decisions of the Court of Appeal

Question 8

Apart from the UKSC overruling CoA, in what 2 instances can overruling also occur? (2)

Answer 8

• When the ECJ overrules a past decision it has made

- When the UKSC overrules a past decision of its own

Question 9

What cases are examples of overruling? (2)

Answer 9

in Herrington v British Railway Board 1972
HOL overruled decision from
Addie v Dumbreck 1929

& 
Pepper v Hart 1993
the HOL overruled 
Davis v Johnson 1979
on the use of hansard

Question 10

Can invoking the Practise Statement be overruling?

Answer 10

yes

Question 11

What is reversing?

Answer 11

this is where a court higher up in the hierarchy overturns the decision of a lower court on appeal in the same case

Question 12

When can be an instance where reversing is used ?

Answer 12

For example, the Court of Appeal may disagree with the legal ruling of the High Court an come to a different view of law, in this situation they reverse the decision made by the High Court