Judicial Precedent (SA P2)

Question 1

What is overruling?

Answer 1

• Court in a later case states that the legal rule decided in an earlier case was wrong and replaces it with a new precedent
• Operates through court hierarchy
• In some cases the court of appeal and supreme court may overrule its own previous decisions

Question 2

e.g overruling

Answer 2

• R V G 2003
• Supreme court overruled its previous decision in Caldwell 1982 and said recklessness in criminal law should be judged subjectively
• Previous decision is no longer good law and should not be relied on in future

Question 3

What is reversing

Answer 3

• Court higher up in the hierarchy overturns the decision of a lower court on appeal in the same case
• Higher court may come to another decision on appeal and reverse the decision

Question 4

e.g reversing

Answer 4

• Kingston 1984
• Court of appeal quashed D’s conviction for sexual assault by allowing a defence of intoxication
• On appeal the HOL reversed the decision and ruled he was still guilty

Question 5

What is distinguishing?

Answer 5

• Where the facts of the case being decided are so different from an earlier precedent that the judge isn’t bound to follow it
• Judge’s decision creates new precedent
• Any court can distinguish

Question 6

e.g distinguishing

Answer 6

• Merritt V Merritt 1971
• Mr M signed written agreement to transfer house to Mrs M, went back on his promise so Mrs M sued him for a breach of contract
• Court looked at earlier case of Balfour V Balfour 1918, similar case
• Decided Mrs M’s claim could be successful
• Distinguished between Merritt and Balfour as in Merritt the agreement had been made after separation and was in writing

Question 7

Distinguishing key point

Answer 7

• Both cases remain good law because they are different enough that each could still be relevant in future cases
• Future case could follow Merritt or Balfour, depending on the facts

Question 8

Why and by who was the Supreme Court created by?

Answer 8

• Constitutional Reform Act 2005
• To replace the judicial functions of the HOL
• Case of Austin V Southwark LBC 2010 confirmed the powers of the old HOL were transferred to the supreme court

Question 9

‘When it appears right to do so’

Answer 9

Supreme court can overrule is own previous decisions ‘when it appears right to do so’ using powers now contained in Practice Directions 3 and 4

Question 10

Herrington V British Railways Board

Answer 10

• 1972
• Child trespasser badly injured on a track, HOL overruled old case Addie V Dumbreck 1929 which said no duty of care is owed to trespassers
• Social conditions/attitudes changed over time as there was less playing space so greater temptation to trespass

Question 11

R V Jogee

Answer 11

• 2016
• D shouted encouragement to his friend beating up the victim who was then stabbed to death
• D convicted for murder under rules of ‘joint enterprise’
• Supreme court overruled its earlier decision in Powell & English 1985
• Said the previous approach was wrong: D needed to have intended to assist or encourage murder to be guilty as an accomplice