rules of precedent

Question 1

binding

Answer 1

same facts, court and ratio

Question 2

examples of binding precedent

Answer 2

Donoghue v Stevenson [1932] the house of lords held that a manufacturer owed a Duty of Care to the ultimate consumer of the product. this set a binding precedent which was followed in Grant v Australia Knitting Mills [1936]

Question 3

binding courts

Answer 3

Court of Justice of the EU - binding on EU law.
SC 1966 practice statement (judicial precedent) - not bound by previous decisions.
divisional courts not bound by high court.
HC judges decisions binding on lower courts but not High Court judges.
Crown, county, Family and magistrates have no binding precedent.

Question 4

persuasive precedent

Answer 4

similar facts but not directly analogous.
facts analogous and ratio of court lower in the hierarchy.
facts analogous and obiter of court higher in hierarchy.
facts analogous and dissenting judgement of court higher in hierarchy.
facts analogous and legal rule outside of courts of England and Wales.