PUBLIC LAW L4 - Sources of Law - RULE OF PRECEDENT SITUATIONS

Question 1

Who is the Supreme Court’s decision binding to and subject to what? (2)

Answer 1

All inferior courts - CoA, High Court, Upper Tribunal, First Tier Tribunal, Family Court, County Court, Crown Court and Magistrate’s Court- and itself subject to 1966 Practice Statement.

Question 2

Who is the Court of Appeal binding to and subject to what? (2)

Answer 2

All inferior courts - High Court, Upper Tribunal, First Tier Tribunal, Family Court, County Court, Crown Court and Magistrates’ Court - and itself, subject to Young V BA exceptions)

Question 3

Who is the High Court binding to? (1)

Answer 3

All inferior courts, and itself - unless there is powerful reason to depart.

Question 4

Who is the Upper Tribunal binding to? (1)

Answer 4

The First Tier Tribunal, inferior courts and itself.

Question 5

Who is the First Tier Tribunal binding to? (1)

Answer 5

Not binding, but may be persuasive.

Question 6

Who is the Family Court binding to? (1)

Answer 6

Not binding.

Question 7

Who is the County Court binding to? (1)

Answer 7

Not binding.

Question 8

Who is the Crown Court binding to? (1)

Answer 8

Not binding.

Question 9

Who is the Magistrates’ Court binding to? (1)

Answer 9

Not binding.