Reversing as a method of avoiding precedent A01 Flashcards
define reversing
where a court higher up in the hierarchy reverses and therefore overturns a decision of a lower court in the same case (i.e: the case is moving through the appeal courts)
what is the outcome
this changes the decision/ruling in the lower court
example of how reversing would work
e.g: the UKSC may disagree with the CoA’s decision when the same case gets appealed up to the UKSC
how did Fitzpatrick v Sterling illustrate overruling
HoL reversed the decision of the CoA and held that a longstanding homosexual relationship did constitute ‘family’ for legal purposes of tenancy transferal
how did Gillick v WNHA illustrate reversing
CoA reversed the decision of the HC and held that doctors could prescribe the contraceptive pill to girls under 16 without parental consent