New Precedent

Question 1

Overruling

Answer 1

This is where a court in a later case States that the legal rule decided in an earlier case is wrong.
Overruling may occur when a higher court overrules a decision made in an earlier case by a lower court
The European court of justice overrules a past decision

Question 2

Practice Statement

Answer 2

London Street Tramways v London County Council (1898)
Conway v rimner (1968)- technical point on the discovery of documents
Major use did not occur until 1972- Herrington v British railways board (1972)
Addie v Dumbreck (1929)
Deliberately or recklessly
Jones v secretary for state for social services (1972)
National insurance act 1946
Early case of re Rowling as being wrong
Pepper v hart (1993)
R v r and g - Caldwell 1982 -recklessness was only when he had realised the risk of damage and went ahead and took that risk

Question 3

Distinguishing

Answer 3

This is a method which can be used by a judge to avoid following a past decision which he would otherwise have to follow
It means that judge finds that the material of facts of the case he is deciding are sufficiently different for him to draw a distinction between the present case and the previous precedent
Balfour v Balfour 1919
Merritt v Merritt. 1971