Hierarchy of the courts Flashcards
Who is the Judicial Committee of the Privy council bound by?
No one, not even itself
Who is the Judicial Committee of the Privy council binding on?
All domestic courts of Commonwealth, including England (only persuasive in England)
Key case for an example of the Judicial Committee’s persuasive power?
Wagon Mound
Who is the Supreme Court bound by?
European Court of Justice on EU issues
Not itself
Who is the supreme court binding on?
All other UK courts
Key case for an example of the Supreme courts precedent?
R v Brown
Who is the Court of Appeal bound by?
Supreme Court
and,
Itself with exceptions
Who is the Court of Appeal binding on?
All lower courts and itself
Key case for an example of the Court of Appeals exception to following its own rulings?
Young v Bristol Aeroplane
When does the Court of Appeal not need to follow its own decisions (Young v Bristol Aeroplane) 3
Previous decision was made in error
Two conflicting previous decisions
There is a later conflicting Supreme Court decision
Who is the Queen’s Bench Division of the High Court bound by?
Supreme Court, and
Court of Appeal, and
Itself
Who is the Queen’s Bench Division of the High Court binding on?
High Court, and
Lower courts, and
Itself
Who is the Chancery and Family Divisions of the High Court bound by?
Supreme Court,
Court of Appeal, and
Themselves
Who is the Chancery and Family Divisions of the High Court binding on?
High Court,
Lower courts, and
Themselves
Who is the High Court bound by?
Supreme Court,
Court of Appeal,
Divisional Courts, and
Not Itself