Supreme court and court of appeal powers Flashcards
Who does the Supreme court bind?
All other courts in the english legal system
Is the Supreme court bound by its own decisions?
No- practice statement
Where is the supreme court in the hierarchy
At the top
Can the supreme court distinguish
Yes
Do the supreme court bind themselves?
Yes
What can the supreme court declare their own past decisions as being?
Per incurium (in error)
Which case forced the supreme court to bind itself before the practice statement arrived?
London street tramways v London county council
Cases for the supreme court
.Davis v Johnson overrules pepper v hart
.Shivpuri overrules anderton v ryan
.Addie v dumbreck overrules herrington v brb
Who is the COA bound by?
The supreme court and itself
Can the COA distinguish?
Yes, all courts can
What type of precedent does the COA make?
Persuasive
What can the COA declare their own past decisions as being?
Per incurium
What happens if there are conflicting decisions in the COA?
They choose the decision which suits best as they must choose one
