Judicial Precedent

Question 1

Supreme Court

Answer 1

• Decisions made bind all lower courts
• Most superior
• Lord Gardiner published practice statement which allowed court to depart from its prev decisions (Pepper v Hart)

Question 2

CoA

Answer 2

• Bound by SC but binds ALL lower courts
• Divisions do not bind each other, but are persuasive
• Each division binds itself unless the exceptions apply apply: 2 alike decisions, the courts choose/Supreme Court overrules/a per incurium decision
• In criminal cases the Taylor exception applies, where a decision has been misunderstood or misapplied, it can be departed from, R v Spencer – ‘must remember we are
  dealing with liberty… if departure is necessary, the court should not shrink from it’, May LJ.

Question 3

High Court

Answer 3

Court must follow precedent laid down, establishes precedent 4 LC

Question 4

Crown/Magistrate & County Court

Answer 4

No inferior court sets precedent. Where crown deals with an issue in the Mags, bind that particular case, but not in every Court

Question 5

BOP

Answer 5

• Binding Precedent: Precedent from an earlier case that must be followed if the decision was made by the court that is senior. Stare decisis (R v Brown; Donoghue v Stephenson (Stand by)).
• Original Precedent: If the point of law arising in a case has never been decided before, then
  whatever the judge decides will form a new precedent which will be binding on lower courts. It
  is ‘original’ as it is new.

Persuasive Precedent: Precedent which is not binding on courts but can be used to ‘persuade’ them to decide. There are various types which include: Courts lower in the hierarchy, decisions of the privy council, obiter dictum statements (things said by the way), decisions of Courts in other countries

Question 6

ROD

Answer 6

• Reversing - Overturning a decision on appeal by a HC of a decision made by a LC. Appeal court sub their own decision
• Overruling - HC can overrule decision made in an earlier case by a LC. Prove earlier case was wrong
• Distinguishing - On its facts or POL. Avoid results of earlier inconvenient dec, on smallest detail. Allow for dev + create exception (B v B; M v M)