Judicial Precedent - The Supreme Court and it's own precedents

Question 1

Definiton

Answer 1

Generally, SC will be bound by its own past precedents. Refer to London street tramways v London county council.

Question 2

Doesn’t have to be used - London Street Tramways v London County Council

Answer 2

Where the H of L decided it was bound by own decisions to ensure certainty within the law.

Question 3

Practice Statement 1966

Answer 3

The H of L can overrule its past decisions “when it appears right to do so”.

Question 4

Jones v Sec. of State for Social Services

Answer 4

The H of L refuse to overrule the precedent in the case of Re Dowling as certainty is the most important feature of precedent. 4/7 Judges later admitted that the precedent in the later case (Re Dowling) was wrong but still refused to overrule it.

Question 5

Herrington v BRB

Answer 5

First major use of Practice Statement 1966 in a civil case, which overruled Addie v Dumbreck on a point of law regarding duty of care towards a child trespasser because changes had happened in society which meant the law had become out of date.

Question 6

R v Shiv Puri

Answer 6

First major use of Practice Statement 1966 in a criminal case which overruled Anderton v Ryan where the H of L made a serious error, so it stated the sooner the mistake was corrected the better. Over the principle in which intention to commit a crime is sufficient.