Precedent & COA

Question 1

What is the difference between the 2 divisions?

Answer 1

Criminal and civil, they don’t bind each other nor follow eachother as they deal with different bits of the law, shown in the case of Re A.

Question 2

What are the 2 division bound by?

Answer 2

• CJEU and points of EU law
• bound by Supreme and former Hol, shown in Broome v Cassell when they tried to challenge the sc
• bound by own past decisions and has no choice but to use them, Davis v Johnson showed the COA challenge the Hol
• there are three exceptions established in young v bristol aeroplane, 1 conflicting previous COA decision, 2 there is a supreme/hol decision that effectively overrules COA decision, 3 decision made ‘per incirium’ aka in error because a statue was not considered.
  There is a fourth exception for the criminal division, if the law is misapplied/understood eg R v Taylor the COA can follow past decisions.