THE COURT OF APPEAL-Decisions of courts above it

Question 1

What are the two divisions of the court of appeal?

Answer 1

• Civil division

- Criminal division

Question 2

What courts is the Court Of Appeal bound by ?

Answer 2

• ECJ

- Supreme Court

Question 3

What judge has controversially disregarded the court hierarchy?

Answer 3

Lord Denning

Question 4

What did Lord Denning think about the Court of Appeals powers ?

Answer 4

That the Court of Appeal should not be bound by, the then, HOL

Question 5

In what cases did Lord Denning refuse to follow the earlier decision of the HOL on the circumstances in which exemplary damages could be awarded?

Answer 5

-Broome V Cassell &Co Ltd. 1971
v
Rookes v Banard 1964

Question 6

In the cases Broome V Cassel &Co Ltd 1971 where Lord Denning refused to follow the precedent set by Rookes V Banard 1964, what were these cases regarding?

Answer 6

The circumstances in which exemplary damages could be awarded

Question 7

In what case did Lord Denning refuse to follow the precedent set by the HOL regarding the point of law that damages could only be awarded in UK sterling.

Answer 7

Miliangos v George Frank (textiles) Ltd 1976
v
Havanna Railways 1961

Question 8

What was Lord Dennings reasoning for failing to follow the HOL decision set in Havanna Railways 1961?

Answer 8

He believed that the economic climate of the world had changed and sterling was no longer a stable currency

Question 9

How did the cases 
Miliangos v  George Frank (textiles) ltd 1976
and 
Schorsch Meier GmbH v Henning  1975
differ?

Answer 9

Unlike Schorsch Meier GmbH v Henning, Miliangos v George Frank (textiles) ltd appealed Lord Dennings decision to the HOL as the Court of Appeal had no right to refuse to follow precedent

Question 10

What was the usual consequence of the Milianagos appeal?

Answer 10

The HOL used the practise statement to overrule its own decision in Havana Railways 1961

Question 11

What is the main argument for granting the Court of Appeal the ability to overrule decisions of the Supreme Court?

Answer 11

Very few cases actually reach the Supreme Court and so if there is an error in the law it may take years for a suitable case to be appealed and rectified

Question 12

What is the main argument against allowing the Court of Appeal to overrule the Supreme court?

Answer 12

The system of precedent would break down and the law would become uncertain as there would be 2 conflicting precedents for lower courts to choose from

Question 13

Why is having 2 conflicting decisions of precedent a problem for lawyers?

Answer 13

Lawyers would be unable to advise clients on the law

Question 14

What section and power states that courts must take into account any judgement or decision of the European Court of Human Rights?

Answer 14

s.2(1)(a) of the Human Rights Act 1998

Question 15

what was the case when the Court of Appeal refused to follow the decision of the House of Lords ____ ?

Answer 15

R v Gough 1993

Question 16

Why did the Court of Appeal refuse to follow the decision of the House of Lords in the case R v Gough 1993?

Answer 16

because it was slightly different to decisions of the European Court of Human Rights

Question 17

In Kay v Lambeth LBC 2006, what did the House of Lords point out?

Answer 17

that lower courts in the hierarchy were not strictly required to follow rulings of the ECHR

Question 18

In kay v Lambeth LBC 2006, the HOL pointed out that lower courts did not strictly have to follow rulings of the ECHR, why?

Answer 18

because lower courts were bound to follow rulings of superior courts in our domestic court hierarchy

Question 19

What did the House of Lords state that was unlawful for domestic courts to do ?

Answer 19

to act in a way that was incompatible with a Convention right