Describe the ways in which judges can avoid judicial precedent (8 marks)

Question 1

Overruling

Answer 1

Overruling

This is when a court says that an older decision was wrong and changes the law.
• Two ways it happens:
• A higher court overrules a lower court’s old decision.
Example: In R v R, the House of Lords overruled older cases and said that marital rape is illegal.
• A court overrules its own past decision, using special rules.
• Supreme Court: Can overrule itself using the 1966 Practice Statement if it’s “right to do so”.
Example: In Pepper v Hart, the court overruled an older case and said Hansard can be used to help interpret unclear laws.

•	Court of Appeal: Can overrule its own decision using the Young v Bristol Aeroplane rules (like if the past decision was made by mistake or there’s a conflict between past rulings).

Question 2

Reversing

Answer 2

2. 🔁 Reversing

This happens during an appeal, when a higher court disagrees with the decision made by a lower court in the same case, and changes it.

Examples:

•	Gillick case: The House of Lords reversed the Court of Appeal and said doctors can give contraceptives to under-16s without parental consent.
•	Sweet v Parsley: The House of Lords reversed the Court of Appeal and said the woman wasn’t guilty because she didn’t know what was happening on her property.

Question 3

Distinguishing

Answer 3

3. 🔍 Distinguishing

This means the judge finds differences in the facts of the case compared to the earlier one, so they don’t have to follow the old decision.

Example:

•	In Balfour v Balfour, a husband’s promise to send money wasn’t legally binding — it was just a family agreement.
•	In Merritt v Merritt, the court said the agreement was binding because the couple was separated and the deal was written down — different facts, so the judge didn’t have to follow Balfour.