Judicial Precedent: Hierarchy of courts

Question 1

What is the European Court of Jutice?

Answer 1

UK officially left the EU in 2021. Prior to this, the CJEU was the highest UK court and UK courts were bound by the decisions of the CJEU.
Cases from UK can still be referred to the CJEU for an opinoon but there is no right to appeal to the CJEU from a UK court

Question 2

What is the Eupoean Court of Human Rights?

Answer 2

SC must take account of any decisions of ECHR but is not bound to follow them
UK’s exit from the EU does not change the jurisdiction of the ECHR as it is separate from the EU

Question 3

What is the Supreme Court?

Answer 3

Most senior domestic court in the UK.
Its decisions bind all courts below it
Before Practice Statement 1966, it was bound by its own decision but no longer is

Question 4

What is the Court of Appeal?

Answer 4

Decisions of the CoA forms binding precedent for all lower courts
Bound by precedents from SC and by itself unless it falls within exceptions in Young v Bristol Aeroplane

Question 5

What is the High Court?

Answer 5

Appellate courts within this court (Chancery, QBD, Family) are bound by the SC and CoA
Bound by own decisions, divisions bind those below
Is a court of first instance, bound by all courts above and binds all courts below

Question 6

What are inferior courts?

Answer 6

County, Crown and MC are bound by all higher courts.
Not bound by own decisions nor do they bind other courts
Create persuasive precedent

Question 7

What is law reporting?

Answer 7

When laws are published so judges are able to be aware of previous decisions
All England Reports
Legal Data Bases