Judicial precedent continued Flashcards
Higher courts bind…
…lower courts.
Which courts can set precedents?
-SC
-CAO
-Divisional/HC.
Who can set precedent for itself but not higher courts?
-county courts.
Which courts cannot set itself or others precedent?
-magistrates
-crown court.
Is the high court bound by its own decisions?
-no.
What are the three sections of the high court?
-chancery division
-KBD
-Family division
What is the high court called when it is hearing appeals?
-The divisional court.
What do the divisional courts bind?
-All courts below it.
Do the two divisions of the court of appeal (criminal/civil) bind each other?
no.
What does the 1966 practice statement allow for?
**Departing from a previous decision where ‘it appears right to do so’ (overruling)
Addie V Dumbreck 1929?
-Young boy crushed by machinery at a quarry and died.
-‘no duty of care owed to tresspassers’
BRB V Herrington (1976)
-where a young boy took a short cut across a trainline and was electrocuted and seriously injured
-‘duty of care owed to trespassers’
What does the practice statement allow for? 2
-Changes in attitudes.
-As seen in Dumbreck and Herrington- changes in health and safety/ trespassers.
When was the practice statement used for the first time?
1968
Who said the practice statement?
Lord Gardiner- worried about injustice
What did London Street Tramways establish? old law use as a comparison
The supreme court is bound by its own decisions
Why is the house of lords reluctant to use the practice statement?
-To ensure certainty in the law.
-Parliaments role to make law.
What act brought the supreme court into existence?
-The constitutional reform act 2005.
What are the four exceptions outlined in Young V Bristol Aeroplane Co to the court of appeal being bound by its decisions?
1.Per Incruim (made in ignorance)- extended by R V Cooper.
2.Conflicting CA decisions- must choose which one to follow- R V Jenkins.
3.Conflicting house of lords/ SC decision- higher court must be follow- must follow r v G&R because it was overruled by MPC V Cadwell.
4.when the law has been misapplied or misunderstood R V Taylor.
