Doctrine of Precedent

Question 1

What is the doctrine of precedent?

Answer 1

Once a principle of law has been laid down by a superior court, future cases with the same material facts or legal principles must be decided in the same way by inferior or (generally) equal courts

Question 2

What court must the legal principle be laid down by?

Answer 2

It must be a court that is able to bind other courts

Question 3

What courts are able to bind other courts?

Answer 3

High Court, Court of Appeal or Supreme Court

Question 4

What must an inferior court do if they have a case with similar or same material facts to a broad legal principle?

Answer 4

It must follow the legal principle

Question 5

What does distinguishing mean?

Answer 5

A court can distinguish from previous cases if it does not want to be bound - if the material facts are different or legal principle in precedent is not applicable

Question 6

What is the ratio decidendi?

Answer 6

The legal reasoning - the part of the decision that is the legal principle that, if binding, it will have to be followed

Question 7

How does case law develop via precedent?

Answer 7

A ratio of a previous case on a set of material facts will be applied to a new case with a slightly different set of facts

Question 8

What are the binding courts?

Answer 8

Supreme Court, Court of Appeal and High Court - they bind the courts that set below them

Question 9

What happens if a superior court overturns the decisions of any court below them

Answer 9

A decision is no longer good law

Question 9

Can inferior courts create binding precedents?

Answer 9

The Crown Court, County Court and Magistrates’ Court do NOT create binding precedents

Question 10

Which courts are bound by their own decisions?

Answer 10

Supreme Court and Court of Appeal on the whole bind themselves

Question 11

What exceptions must apply for the Court of Appeal to depart from previous decisions?

Answer 11

Young v Bristol Aeroplane:
1. A decision of Court of Appeal conflicts with a decision of the Supreme Court (but that previous decision is still law)
2. Two conflicting Court of Appeal decisions, one of which must be chosen
3. A Court of Appeal decision was made based on a legal mistake

Question 12

In what cases is High Court bound by its previous decisions?

Answer 12

The High Court is not bound by its previous decisions, except those made by Administrative Court on appeal from MC or CC

Question 13

What is the court’s role in making new law?

Answer 13

The courts can develop case law

Question 14

What is the effect of a point of law in issue being referred to in the judgment?

Answer 14

Unless the point of law referred to is part of the ratio of the case, it is not binding precedent and the court’s decision may be distinguishable

Question 15

Can the Supreme Court depart from its own earlier decisions?

Answer 15

Yes, the Supreme Court can (the Practice Statement of 1996)

Question 16

What is the ratio decidendi?

Answer 16

The legal rule or principle relied on by the court in reaching its own decision as set out in the judgment and applied to the facts of the case

Question 17

Do solicitors have a right of audience in the Coroner’s Court?

Answer 17

Yes a solicitor has automatic rights of audience in this (lower) court

Question 18

What is the effect of the 1996 Practice Statement on the Supreme Court?

Answer 18

It is able to depart from its own previous decisions where it appears right to do so. Otherwise, it will follow decisions

Question 19

Which court is normally bound by its own previous decisions?

Answer 19

The Court of Appeal, Civil Division

Question 20

What can a lower court (such as the High Court) do if the application of an existing precent would produce an unjust result

Answer 20

It can distinguish existing precedent

Question 21

Are decisions of the Judicial Committee of the Privy Council binding?

Answer 21

They are not binding on any UK courts, but are strongly persuasive

Question 22

What is the doctrine of stare decisis

Answer 22

It provides for a judgment from a higher court to be binding on a lower court

Question 23

To which of the courts can an appeal from a summary trial case at magistrates’ court be made?

Answer 23

Divisional Court of High Court (by way of case stated) or High Court

Question 24

What are the solicitor’s rights of audience in the High Court

Answer 24

The solicitor has automatic right of audience in chambers but not in open court

Question 25

Which the highest court a solicitor advocate (who has obtained Higher Rights of Audience) has rights of audience in?

Answer 25

Supreme Court

Higher Rights of Audience Qualification confers upon a solicitor advocate rights of audience in all superior courts

Question 26

Is the High Court bound by its own previous decisions?

Answer 26

No, but they are strongly persuasive and should be considered when a subsequent case has sufficiently similar facts

Question 27

What are the three approaches the Court of Appeal may adopt when making a decision in a case on appeal

Answer 27

Disapproving, reversing, distinguishing

Question 28

Who is a solicitor advocate?

Answer 28

A solicitor who has obtained Higher Rights of Audience Qualification and will have wider rights of audience

Question 29

Which court can give permission to appeal for a second appeal?

Answer 29

The Court of Appeal only.
A second appeal is an exception to the general rule and as second appeals go to CofA, leave must be obtained from that court

Question 30

What is the relevance of the date within a case report citation?

Answer 30

The date on which the case was reported

Question 31

In which courts do solicitors have automatic rights of audience?

Answer 31

Magistrates’ courts, County Court, Family Court

Question 32

Does the obligation to interpret Acts in a convention compatible way apply to previous case law in respect of a decision of the ECHR

Answer 32

No - in this case ECHR decisions are persuasive but not binding

Question 33

What is the effect on a Supreme Court case which the Court of Appeal distinguishes from?

Answer 33

If a Court of Appeal distinguishes a case from a Supreme Court case, this means the Court of Appeal did not apply Supreme Court authority as it felt the facts were materially different from those in the instant case.

The Supreme Court authority still remains binding on all inferior courts (it remains a precedent)

Question 34

What does it mean if the Supreme Court reverses a decision of the Court of Appeal?

Answer 34

The Court of Appeal decision is no longer considered good law and it is not binding on any inferior court

Question 35

When is a judgment reversed?

Answer 35

If a case goes to appeal, the higher appeal court disagrees with the lower court

Question 36

What is the difference between overturning a decision and reversing decision?

Answer 36

When a higher court considers a lower court’s decision on appeal = the decision is reversed (rather than overruled or overturned)

Question 37

When is a decision overruled?

Answer 37

When a superior court in a later case decides original precedent is wrong and sets a new correct precedent

Question 38

What happens when a decision is overturned?

Answer 38

Once a decision is overturned, it is no longer good law

Superior courts bind inferior courts and can overturn the decisions of any courts below them
- Court of Appeal could overturn decision of the High Court

Question 39

How does the doctrine of precedent apply to the Court of Appeal?

Answer 39

The Court of Appeal is bound to follow the House of Lords / Supreme Court decision as it is a senior court in the court hierarchy

A House of Lords decision will continue to bind lower courts even though it has been replaced by Supreme Court

Question 40

Which courts’ decisions is the Court of Appeal bound by?

Answer 40

Decisions of the Court of Appeal, Supreme Court and House of Lords

Question 41

What are the exceptions under which Court of Appeal does not bind itself? (Young v Bristol)

Answer 41

General rule is that the Court of Appeal binds itself

Except:
1. if CA came to previously conflicting decisions, today’s CA can select the one to follow
2. CA’s own previous decision has been overruled by Supreme Court or House of Lords
3. CA’s previous decision was made when previous court was not aware of a relevant authority and this led to a faulty decision