Precedent & Supreme

Question 1

What happened when the supreme was the hol?

Answer 1

There was an argument to whether it was bound by its own decisions, at the time it could do whatever it deemed appropriate but it had some problems of uncertainty and unfairness to anyone appealing.

Question 2

London street tramways 1898

Answer 2

Power to depart from previous decisions taken away from hol and they had to follow the rules meaning they were bound by anyone above them, this gave back certainty.

Question 3

1966 Practice statement

Answer 3

Lord chancellor allowed hol to depart from previous decisions when it was ‘right to do so’ under this. Shown in Austin v Southwark and in Conway v Rimmer when hol used it to over rule. Duncan v Cammel was the first ever use of the ps.

Question 4

Creation of the supreme court?

Answer 4

Constitutional reform act 2005 created it, hol became Supreme Court in 2009.