Overruling as a method of avoiding precedent A01

Question 1

define overruling

Answer 1

overruling is where a higher court in a later case state that the precedent in an earlier case is wrong

Question 2

when may overruling occur

Answer 2

may occur when a higher court overrules a previous decision made in a lower court

Question 3

example of how a higher court can overrule a lower court

Answer 3

UKSC overruling a decision of a different case in the CoA on the same legal point = changes the law

Question 4

what must the higher courts follow to overrule one of its own previous decisions

Answer 4

UKSC - if they use the practice directions 3&4

CoA - if one of the exceptions from Young v Bristol Aeroplane apply

Question 5

what are the 3 purposes of overruling

Answer 5

update the law
correct the law
change the law

Question 6

example of overruling (case)

Answer 6

Pepper v Hart overruled the earlier decisions of Davis v Johnson regarding the use of hansard