Distinguishing Of Cases

Question 1

Lord Reed

Answer 1

You can choose to not follow the ratio decidendi if it doesn’t align with the law, full of fraud or isn’t in alignment with facts

Question 2

Lord Asbury

Answer 2

Review the facts of a judgment if it might lead to injustice
Distinguishing»

Question 3

Who can distinguish?

Answer 3

Anyone fr
Just bring it to the attention of the court

Question 4

London Street Tramways v. LCC

Answer 4

House of Lords said it was bound by its decisions, but could depart from it if it was made in ignorance of existing statutes

Question 5

Lord Gardner

Answer 5

Supreme Court can depart so far as compliance of steps spelled out by the SC is followed

Question 6

Bakare v. NRC

Answer 6

You can’t distinguish unless there’s like a difference. You must be able to justify it.

Question 7

Obaseki JSC

Answer 7

Even though the SC is the highest court, for the purposes of developing out laws, ensuring Justice is served, SC may make amends

Question 8

Obaseki Worddddd

Answer 8

It’s a confirmation that it is infallible cause it is final. But it isn’t final cause it is infallible.