Professional Conduct Flashcards
What does ‘stare decisis’ mean in the context of the English legal system?
‘Stare decisis’ means ‘stand by what has been decided’ and refers to the doctrine of binding precedent.
Which court decisions are binding on all other courts?
The Supreme Court decisions are binding on all inferior courts.
Is the Supreme Court bound by its own previous decisions?
No, the Supreme Court is not always bound by its own previous decisions since the 1966 Practice Statement.
What was the significance of the 1966 Practice Statement?
It allowed the Supreme Court to depart from its previous decisions when it appears right to do so.
Which case established the exceptions for the Court of Appeal (Civil Division) to depart from its own decisions?
Young v Bristol Aeroplane Co Ltd [1944].
What are the three exceptions in Young v Bristol Aeroplane Co Ltd?
(a) Two conflicting Court of Appeal decisions, (b) Conflict with a Supreme Court decision, (c) Decision given per incuriam.
What does ‘per incuriam’ mean?
‘Per incuriam’ means a decision made in ignorance of a relevant statutory provision or binding authority.
Which additional exception applies to the Court of Appeal (Criminal Division)?
In the interests of justice where the liberty of an individual is at stake, as established in R v Taylor [1950].
Is the High Court bound by its own decisions?
The High Court is generally bound by its own decisions, except decisions made by a single judge.
Are decisions of the Privy Council binding on English and Welsh courts?
No, Privy Council decisions are persuasive but not binding.
Does the Crown Court bind itself?
No, the Crown Court does not bind itself or other courts.
Are County Courts and Magistrates’ Courts bound by higher courts?
Yes, they are bound by all courts above them but do not bind themselves or other courts.
Can the Supreme Court depart from its previous decisions in criminal cases?
Yes, under the 1966 Practice Statement, if it appears right to do so.
Which court replaced the House of Lords in its judicial capacity in 2009?
The Supreme Court.
Which case overruled Walkley v Precision Forgings Ltd?
Horton v Sadler [2007] 1 AC 307.
What is private funding in legal services?
It is when a client pays for legal services from their own resources, commonly used for conveyancing or will preparation.
What is professional funding?
Legal funding provided by trade unions or professional organizations, often in civil or criminal litigation cases.
What is Before the Event (BTE) insurance?
Insurance taken out before a legal issue arises, often included in household or motor insurance, covering legal expenses.
Is BTE insurance premium recoverable from the losing party?
No, BTE insurance premiums are not generally recoverable from the other side.
What is the Community Legal Service (CLS)?
A public fund (formerly Legal Aid) for people who cannot afford legal services, available only in limited cases and means-tested.
What type of cases is civil CLS funding available for?
Primarily for children/family disputes, homelessness, or domestic violence cases.
What is a Conditional Fee Agreement (CFA)?
A ‘no win no fee’ agreement where a solicitor gets paid only if the case is successful, with a success fee capped by law.
Can a CFA cover disbursements?
No, it only covers solicitor’s fees; disbursements require separate funding.
What is the success fee cap for personal injury cases under a CFA?
25% of damages excluding future pecuniary loss.
