Judicial precedent continued

Question 1

Higher courts bind…

Answer 1

…lower courts.

Question 2

Which courts can set precedents?

Answer 2

-SC
-CAO
-Divisional/HC.

Question 3

Who can set precedent for itself but not higher courts?

Answer 3

-county courts.

Question 4

Which courts cannot set itself or others precedent?

Answer 4

-magistrates
-crown court.

Question 5

Is the high court bound by its own decisions?

Answer 5

-no.

Question 6

What are the three sections of the high court?

Answer 6

-chancery division
-KBD
-Family division

Question 7

What is the high court called when it is hearing appeals?

Answer 7

-The divisional court.

Question 8

What do the divisional courts bind?

Answer 8

-All courts below it.

Question 9

Do the two divisions of the court of appeal (criminal/civil) bind each other?

Answer 9

no.

Question 10

What does the 1966 practice statement allow for?

Answer 10

**Departing from a previous decision where ‘it appears right to do so’ (overruling)

Question 11

Addie V Dumbreck 1929?

Answer 11

-Young boy crushed by machinery at a quarry and died.

-‘no duty of care owed to tresspassers’

Question 12

BRB V Herrington (1976)

Answer 12

-where a young boy took a short cut across a trainline and was electrocuted and seriously injured

-‘duty of care owed to trespassers’

Question 13

What does the practice statement allow for? 2

Answer 13

-Changes in attitudes.

-As seen in Dumbreck and Herrington- changes in health and safety/ trespassers.

Question 14

When was the practice statement used for the first time?

Answer 14

1968

Question 15

Who said the practice statement?

Answer 15

Lord Gardiner- worried about injustice

Question 16

What did London Street Tramways establish? old law use as a comparison

Answer 16

The supreme court is bound by its own decisions

Question 17

Why is the house of lords reluctant to use the practice statement?

Answer 17

-To ensure certainty in the law.
-Parliaments role to make law.

Question 18

What act brought the supreme court into existence?

Answer 18

-The constitutional reform act 2005.

Question 19

What are the four exceptions outlined in Young V Bristol Aeroplane Co to the court of appeal being bound by its decisions?

Answer 19

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.