Judicial Precedent - The Court of Appeal and its own decisions

Question 1

Definition

Answer 1

The C of A has 2 divisions: Criminal and Civil. These do not bind each other and generally, each division will be bound by its past decisions.

Question 2

Young v Bristol Aeroplane company

Answer 2

Created three exceptions:

1. If there are two conflicting precedents the court can choose between the two conflicting decisions in past cases.
2. If there are later Supreme Court precedents in which the Supreme Court decision will overrule any previous C of A decision.
3. Precedent was made “Per Incuriam” in which a relevant act of Parliament or case has been overlooked.

Question 3

Rickards v Rickards

Answer 3

C of A refused to follow its past precedent from Podberry v Peak as it had been made “Per Incuriam”.

Question 4

R v Taylor

Answer 4

Introduced an additional exception which applies to the criminal division only. Where the law has been “misapplied or misunderstood”. This extra exception arises because in criminal cases peoples’ liberty is at stake.

Question 5

Does not have to be mentioned - R v Spencer

Answer 5

Stated that if C of A is to overrule its own precedent it should do so.