Methods of avoidance (precedent) Flashcards
What is overruling?
Where courts can overrule the precedent so as to avoid it
What courts can overrule themselves?
The supreme courts and the CoA
What case overruled Davis v Johnson?
Pepper v Hart
What case overruled Anderton v Ryan?
Shivpuri
What case overrules Addie v Dunbrek?
Herrington v BRB
What case did Lord Denning describe as “groping around in the dark”?
Davis v Johnson
What is reversing?
When the court hearing an appeal reverse the decision of a court below
What cases from tort can apply to reversing?
.Barclays and various claimants
.Morrisons and various claimants
Sweet v Parsely involves what?
Drugs
What is distinguishing?
The judge finds the facts of the current case are different enough from the precedent to distinguish between them and make a new precedent
What happens once distinguishing is used?
The past precedent is no longer binding for that case and they can avoid it
What is a case example of distinguishing?
Sharp v Shepherd
