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