Precedent

Question 1

The Supreme Court uses

Answer 1

The UKSC practice directions 3&4 (the 1966 practice statement)

Question 2

The court of appeal uses

Answer 2

The exceptions in young v Bristol aeroplane

Question 3

The court of appeal can depart from its own decisions if:

Answer 3

The previous decision was made per incurium (lack of care)

There are two previous conflicting interest

There is a later conflicting HOL decision

A proposition of law was assumed to exist by an earlier court and was not subject to argument or consideration by that court

Question 4

Methods of avoiding precedent

Answer 4

Distinguishing
Reversing
Over ruling

Question 5

Distinguishing

Answer 5

The judge finds a significant difference in the facts of the earlier case which means he does not have to follow it
(Merrit v Merrit)
(Balfour v Balfour)

Question 6

Reversing

Answer 6

A higher court overturns the decision of a lower court on appeal
Courts that can use it: appellate courts
Appeal court makes a different decision to the earlier court, replacing the last decision
(Fitzpatrick v Stirling)

Question 7

Overruling

Answer 7

A higher court in a different, later case states that the principle laid down by the lower court is wrong and overturns it
Courts that use it : SC & COA
The earlier decision by the lower court is void and replaced with a new decision in the higher court
(Peeper v Hart)

Question 8

Difference between overruling and reversing

Answer 8

Overruling is when a higher court replaces a judgement in a previous case. Reversing is in the same case.