Overruling in the Sc and CoA

Question 1

When and how do the Sc over rule themselves?

Answer 1

With the 1966 practice statement, when it appears right to do so

Question 2

When did the Sc over rule themselves?

Answer 2

Herrington v BRB over ruled Addie v Dumbrek

Question 3

Why don’t the Sc like over ruling themselves? Where is this given?

Answer 3

Because certainty is the most important feature of precedent. Given in Jones v SSS

Question 4

Which case made the 3 rules that allow the CoA to over rule themselves?

Answer 4

Young v Bristol Aeroplane Company

Question 5

What are the 3 rules given in Young v BAC?

Answer 5

1. If there are conflicting decisions in prior CoA rulings they can decide which to reject
2. If the Sc has overruled their decision
3. If the precedent is made per incuriam (lack of regard to the law)

Question 6

Which division has a fourth rule, and why and where?

Answer 6

Criminal division
If the law has been misapplied or misinterpreted - R v Taylor