The Court of Appeal Flashcards
(4 cards)
1
Q
Two divisions
A
-criminal and civil
2
Q
Young v Bristol Aeroplane
A
-Established in certain circumstances the court of appeal may be able to overrule their own previous decisions.
3
Q
Per Incuriam
A
-If the decision was made without considering relevant statutes or case law, meaning it was made in ignorance of the law.
4
Q
Why may the Court of Appeal depart from decisions in criminal cases?
A
-avoid miscarriages of justice, when a previous decision is found to be unjust or wrongly decided,Certainty vs Flexibility,