THE COURT OF APPEAL- Its own decisions (civil) & Criminal division

Question 1

What is the first rule of the CoA’s own decisions?

Answer 1

that decisions by one division of the Court of Appeal will not bind the other division

Question 2

What rule comes from the case of Young v Bristol Aeroplane 1944?

Answer 2

that decisions made within each devision are normally binding in the Civil division

Question 3

Briefly, what are the 3 exceptions that the Young v Bristol Aeroplane 1944 case allow ?

Answer 3

1) When there are conflicting decisions in Court of Appeal cases, the court can choose which one to follow and which to reject
2) When there is a decisions of the Supreme Court/HOL which overrules a Court of Appeal decision, the Court of Appeal must follow the decision of the UKSC or HOL
3) Where the decision was made per incuriam (in error) because a relevant Act of Parliament or other regulation had not been considered by the court

Question 4

In what case was Young V Bristol Aeroplane 1944 confirmed?

Answer 4

Davis v Johnson 1997

Question 5

Outline the facts of Davis V Johnson 1997

Answer 5

CoA refused to follow a decision made only days earlier by the HOL regarding the interpretation of the Domestic Violence and Matrimonial Proceedings Act 1976

Question 6

How did the Law Lords to the CoA’s refusal in the case of Davis v Johnson 1997?

Answer 6

Although they agreed with the actual interpretation of the law, ruled that the CoA had to follow the HOL’s previous decisions

Question 7

When was the last case to challenge the rule in Young V Bristol Aeroplane 1944

Answer 7

Davis v Johnson 1997

Question 8

What part of the 3 exceptions allowed by the Young Case is frequently used in cases?

Answer 8

decisions made per incurium

Question 9

In what case did the court refuse to to follow previous decisions because these had been based on a misunderstanding of the County Court rules dealing with procedure fro committing to prison those who break court undertakings

Answer 9

Williams V Fawcett 1986

Question 10

Outline the facts of Rickards v Rickards 1989

Answer 10

the court refused to follow a case it had decided in 1981 as the previous case had misunderstood the effect of a HOL’s decision

Question 11

What did Lord Donaldson say about Rickards v Rickards 1989?

Answer 11

that courts can only not follow a previous decision in ‘rare and exceptional cases’

Question 12

Why was Rickards v Rickards considered a ‘rare and exceptional case’ ?

Answer 12

because the mistake was over the critical point of whether the court had the power to hear that particular case

Question 13

Can the Criminal division use the exceptions from Young case?

Answer 13

yes

Question 14

When can the Criminal decisions also refuse to follow a past decision as well as the Young case exceptions?

Answer 14

when the law has been ‘misapplied or misunderstood’

Question 15

Why are the Criminal division allowed to refuse to follow a past decision when the law has been ‘misapplied or misunderstood’?

Answer 15

because in criminal cases, peoples liberty is invovled

Question 16

In which 2 cases was the idea of ‘misapplied or misunderstood’ law recognised in the criminal division as a person’s liberty is involved?

Answer 16

R v Taylor 1950

R v Gould 1968

Question 17

What did the judges say in

R v Spencer 1985?

Answer 17

that there should not in general be any differences in the way that precedent was followed in the Criminal and Civil Divisions however as an individuals liberty is at risk, a departure from authority is necessary

Question 18

In what case did the judges say that there should not in general be any difference in the way that precedent was followed in the Criminal Division to the Civil Division but as in the Criminal division peoples liberty is involved then the authority may be necessary to depart from in the interests of justice?

Answer 18

R v Spencer 1985

Question 19

What are the facts of Williams v Fawcett 1986

Answer 19

The court refused to follow previous decisions because they had been based on a misunderstanding of the County Court rules dealing with procedures for committing to prison those who break court undertakings.

Question 20

Why is the Court of Appeal bound by the European Court of Justice?

Answer 20

as Since 1972 all courts in England and Wales are bound by the European Court of Justice

Question 21

Why is the Court of Appeal bound by the HOL/UKSC?

Answer 21

This is because the UKSC is above the Court of Appeal in the court hierarchy which is necessary for certainty in law.

Question 22

In what case did the HOL reject the challenge from the Court of Appeal?

Answer 22

Broome v Cassell & Co ltd 1971