Doctrine of Precedent Flashcards
Legal system of England and Wales and Sources of Law
What is the doctrine of precedent?
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
What court must the legal principle be laid down by?
It must be a court that is able to bind other courts
What courts are able to bind other courts?
High Court, Court of Appeal or Supreme Court
What must an inferior court do if they have a case with similar or same material facts to a broad legal principle?
It must follow the legal principle
What does distinguishing mean?
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
What is the ratio decidendi?
The legal reasoning - the part of the decision that is the legal principle that, if binding, it will have to be followed
How does case law develop via precedent?
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
What are the binding courts?
Supreme Court, Court of Appeal and High Court - they bind the courts that set below them
What happens if a superior court overturns the decisions of any court below them
A decision is no longer good law
Can inferior courts create binding precedents?
The Crown Court, County Court and Magistrates’ Court do NOT create binding precedents
Which courts are bound by their own decisions?
Supreme Court and Court of Appeal on the whole bind themselves
What exceptions must apply for the Court of Appeal to depart from previous decisions?
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
In what cases is High Court bound by its previous decisions?
The High Court is not bound by its previous decisions, except those made by Administrative Court on appeal from MC or CC
What is the court’s role in making new law?
The courts can develop case law
What is the effect of a point of law in issue being referred to in the judgment?
Unless the point of law referred to is part of the ratio of the case, it is not binding precedent and the court’s decision may be distinguishable
Can the Supreme Court depart from its own earlier decisions?
Yes, the Supreme Court can (the Practice Statement of 1996)
What is the ratio decidendi?
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
Do solicitors have a right of audience in the Coroner’s Court?
Yes a solicitor has automatic rights of audience in this (lower) court
What is the effect of the 1996 Practice Statement on the Supreme Court?
It is able to depart from its own previous decisions where it appears right to do so. Otherwise, it will follow decisions
Which court is normally bound by its own previous decisions?
The Court of Appeal, Civil Division
What can a lower court (such as the High Court) do if the application of an existing precent would produce an unjust result
It can distinguish existing precedent
Are decisions of the Judicial Committee of the Privy Council binding?
They are not binding on any UK courts, but are strongly persuasive
What is the doctrine of stare decisis
It provides for a judgment from a higher court to be binding on a lower court
To which of the courts can an appeal from a summary trial case at magistrates’ court be made?
Divisional Court of High Court (by way of case stated) or High Court
What are the solicitor’s rights of audience in the High Court
The solicitor has automatic right of audience in chambers but not in open court
Which the highest court a solicitor advocate (who has obtained Higher Rights of Audience) has rights of audience in?
Supreme Court
Higher Rights of Audience Qualification confers upon a solicitor advocate rights of audience in all superior courts
Is the High Court bound by its own previous decisions?
No, but they are strongly persuasive and should be considered when a subsequent case has sufficiently similar facts
What are the three approaches the Court of Appeal may adopt when making a decision in a case on appeal
Disapproving, reversing, distinguishing
Who is a solicitor advocate?
A solicitor who has obtained Higher Rights of Audience Qualification and will have wider rights of audience
Which court can give permission to appeal for a second appeal?
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
What is the relevance of the date within a case report citation?
The date on which the case was reported
In which courts do solicitors have automatic rights of audience?
Magistrates’ courts, County Court, Family Court
Does the obligation to interpret Acts in a convention compatible way apply to previous case law in respect of a decision of the ECHR
No - in this case ECHR decisions are persuasive but not binding
What is the effect on a Supreme Court case which the Court of Appeal distinguishes from?
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)
What does it mean if the Supreme Court reverses a decision of the Court of Appeal?
The Court of Appeal decision is no longer considered good law and it is not binding on any inferior court
When is a judgment reversed?
If a case goes to appeal, the higher appeal court disagrees with the lower court
What is the difference between overturning a decision and reversing decision?
When a higher court considers a lower court’s decision on appeal = the decision is reversed (rather than overruled or overturned)
When is a decision overruled?
When a superior court in a later case decides original precedent is wrong and sets a new correct precedent
What happens when a decision is overturned?
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
How does the doctrine of precedent apply to the Court of Appeal?
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
Which courts’ decisions is the Court of Appeal bound by?
Decisions of the Court of Appeal, Supreme Court and House of Lords
What are the exceptions under which Court of Appeal does not bind itself? (Young v Bristol)
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
