Hierarchy Flashcards
1
Q
COA civil
A
3 exceptions
Young v Bristol aeorplane
2
Q
COA criminal
A
Bound by prev decisions
Binds lower courts
Bound by SC / HOL
3
Q
Magistrates
A
Bound by higher
Not bound by itself
4
Q
JCPC
JUdicial committee of privy council
A
commonwealth
Cannot bind E/W courts or override their decisions
If applying E/W law, is bound by SC/HOL
But PERSUASIVE / GREAT WEIGHT
5
Q
How did practice statement change things
A
Before HOL was bound by its own decisions
Stifled development of law
6
Q
What year was practice statement
A
1966
7
Q
What was the practice statement 1966
A
Allowed courts to depart from Prev decision when it appears right to do so
8
Q
Limitations of practice statement
A
Only applied to HOL
Guidance on when to depart is VAGUE