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Flashcards in Court Of Appeal Deck (30)
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1

What are the principles of the court of appeal in relation to precedent?

Decisions made by one division of the court of appeal do not bind the other division
The court of appeal binds all lower courts
The court of appeal (civil division) binds itself. The criminal division does not but it should aim to follow its previous decisions

2

What did Lord Denning believe about the court of appeal?

That it should have the same powers as the House of Lords, and should even be able to depart from the House of Lords decision

3

What was Lord Denning's argument for the court of appeal having the same powers as the House of Lords?

Not all cases go to Supreme Court due to lack of funding, meaning it would help make sure cases we're treated more fairly and justice was received.
It would save unnecessary appeals and prove cheaper for parties involved
Permission to appeal is not always granted
The criminal appeal court in particular has expertise in criminal law making it suitable

4

Briefly, what is Lord Denning's argument for the court of appeal having the same power as the House of Lords?

Lack of funding
Cheaper
Expertise
Right to appeal

5

What would be the problems of the court of appeals power were to be extended?

It would undermine the power the role of the Supreme Court and may lead to it being abolished
It would reduce the certainty and undermine the system of precedent

6

In what circumstances does the court of appeal not bind itself?

Where there is a previous Supreme Court decision and a previous court of appeal decision the CA must follow the supremes courts decision
Where there are two similar (not the same) the CA may chose which one to follow
The CA may depart from a decision where it was made per incuriam

7

What sets out the circumstances in which the court of appeal does not bind itself?

Young v Bristol Aeroplanes co ltd (1994)

8

What did Young v Bristol Aeroplanes co ltd (1994) set out?

The circumstances in which the court of appeal does not bind itself

9

What is per incuriam?

(Through ignorance of a stature or a binding case)

10

What is an example of the per incuriam exemption in use?

Williams v Fawcett (1986)

11

What is the case of Williams v Fawcett (1986) an example of?

When the per incuriam exception was used

12

What happened in the case of Williams v Fawcett (1986)?

The court of appeal refused to follow the previous decision because it had been based on the misunderstanding of the county court rules dealing with the procedure for committing to prison those who break court undertakings

13

Why is the court of appeal rarely allowed to depart from its own decisions?

Because it is important to have certainty within the law and if both the House of Lords and the court of appeal could depart from its own decisions freely the law would be inconsistent and unfair

14

What happened once Lord Denning retired?

The campaign for change for the court of appeal retired

15

What happened in the case of Rookes v Barnard (1964)?

It gave guidance in awarding exemplary damages

16

What happened in the case of Broome v Cassell (1971)?

Denning refused to follow to earlier decision of Rookes v Barnard (1964) which gave guidance on awarding exemplary damages and was reprimanded and the House of Lords told him he could not do this

17

What happened in the case of R v Havana Railways (1961)?

The House of Lords said that damages could only be awarded in English pounds. Denning refused to follow this in Schorsch Meier v Henning (1976) and argued that due to economic changes there was not jurisdiction for this law

18

What happened with the case of Schorsch Meier v Henning (1976)?

Lord Denning refused to follow the earlier case of Re Havana railways (1961). He argued that due to economic changes there was no jurisdiction for the law that damages could only be awarded in English currency. This case was not appealed to the House of Lords.

19

What happened in relation to the case of Miliangos v George Frank ltd?

The trail judge followed the ruling in Re Havana Railways (1961). This case was then appealed to the court of appeal. This was led by Denning who followed Schorsch Meier v Henning. Miliangos v George Frank ltd then appealed to the House of Lords who again reprimanded Denning but overruled their own decision in Re Havana railways (1961) and followed Denning's decision.

20

What is an example of Lord Denning's belief that the court of appeal should be able to overrule its own decisions?
CHECK

In Gallie v Lee (1969) he challenged the rule in Young v Bristol Aeroplane co ltd (1944)

21

What do the cases of R v Gould (1968) and R v Spencer (1986) set out?

That the criminal division of the court of appeal should (if possible) behave like the civil division but can depart from their own previous decisions if the defendants liability is at stake

22

What are the three divisions on the high court?

Queens bench division
Family division
Chancery division

23

What are the divisions of the high court hound by?

The European court of justice, the Supreme Court and the court of all earl

24

Why do inferior courts not bind themselves?

Because they do not generally decide on any issues of importance

25

How can judges should following precedent they do not want to?

Overruling
Distinguishing
Reversing
They can claim the previous decision was made per incuriam, therefore it does but have to be followed

26

What is distinguishing?

The courts can distinguish a case by saying the facts of the current case are different from the facts of the earlier case

27

What is an example of distinguishing being used?

The court said the facts of the case in Merritt v Merritt (1971) involving divorce maintenance was different from the facts of Balfour v Balfour (1919)

28

What is reversing?

Where a court higher up overturns the decision of a lower court on appeal in the same case.

29

What is an example of reversing?

Kennedy (2007)

30

What happened in the case of Kennedy (2007)?

They reversed the court of appeals decision in relation to the self-injection of drugs