KEY CASES/ LAW/ EXAMPLES (Judicial Precedent)🕵🏻

Question 1

Practise Statement 1966

Answer 1

Allows the Supreme Court to depart from it’s previous decisions.

Question 2

Conway v Rimmer 1968

Answer 2

First use of the practise statement

Question 3

Herrington v British Railways Board 1972

Answer 3

First major use of the practise statement. On duty of care owed to trespassers.

Question 4

Shivpuri 1986

Answer 4

First use of the practise statement in Criminal Law

Question 5

Pepper v Hart 1993

Answer 5

First use of hazard in a case to look at statutory interpretation.

Question 6

R v G and R 2003

Answer 6

Practise statement used to overrule the decision in Caldwell on recklessness in criminal law.

Question 7

Young’s case 1979- allows the Court of Appeal to depart from it’s decision.

Answer 7

(1) The court is entitled and bound to decide which of two conflicting decisions of its
own it will follow ;
(2) the court is bound to refuse to follow a decision on its own which, though not expressly overruled, cannot, in its opinion, stand with a decision of the House of Lords ;
(3) the court is not bound to follow a decision of its own if it is satisfied that the decision was given per incuriam, e.g., where a statute or a rule having statutory effect which would have affected the decision was not brought to the attention of the earlier court.”

Question 8

Balfour and Balfour and Merritt v Merritt 1971

Answer 8

A case where the Judge distinguished.