Podcast
Questions and Answers
Which statement accurately describes the binding nature of the Court of Appeal (Civil Division)?
Which statement accurately describes the binding nature of the Court of Appeal (Civil Division)?
In what situation is the Court of Appeal (Criminal Division) likely to overrule a conflicting decision?
In what situation is the Court of Appeal (Criminal Division) likely to overrule a conflicting decision?
How does the High Court treat previous decisions of its own?
How does the High Court treat previous decisions of its own?
What does the principle of stare decisis signify?
What does the principle of stare decisis signify?
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Which court is bound by all higher courts' decisions but not strictly bound by its own previous decisions?
Which court is bound by all higher courts' decisions but not strictly bound by its own previous decisions?
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What is the role of the Judicial Committee of the Privy Council in relation to binding decisions?
What is the role of the Judicial Committee of the Privy Council in relation to binding decisions?
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Which of the following best describes ratio decidendi?
Which of the following best describes ratio decidendi?
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Which of the following is considered when a judge decides to apply precedent?
Which of the following is considered when a judge decides to apply precedent?
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What is the main purpose of judicial precedent?
What is the main purpose of judicial precedent?
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What information is contained in law reports regarding court decisions?
What information is contained in law reports regarding court decisions?
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Which exception applies in both the Court of Appeal (Civil Division) and the Court of Appeal (Criminal Division)?
Which exception applies in both the Court of Appeal (Civil Division) and the Court of Appeal (Criminal Division)?
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What is the role of obiter dicta in judicial decisions?
What is the role of obiter dicta in judicial decisions?
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What does case law distinguish mean in relation to precedent?
What does case law distinguish mean in relation to precedent?
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What did the Practice Statement by Lord Gardiner change regarding judicial precedent?
What did the Practice Statement by Lord Gardiner change regarding judicial precedent?
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What limitation did the House of Lords' decisions have before 2009?
What limitation did the House of Lords' decisions have before 2009?
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What is a potential negative consequence of following judicial precedent rigidly?
What is a potential negative consequence of following judicial precedent rigidly?
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Study Notes
Judicial Precedent
- Judges must follow decisions made in courts higher in the hierarchy.
- The principle of stare decisis means "to stand by decisions" and not disturb settled law.
- Established during the reign of William the Conqueror.
- Common law evolved by 1250.
- Purpose of judicial precedent:
- Prevent arbitrary or biased decisions
- Apply the law fairly to similar cases
- Provides certainty for litigants
- Enables predictable development of the law
Operation of Judicial Precedent
- Decisions from higher courts are recorded in law reports.
- Law reports contain judgments and reasoning along with case facts.
- Ratio decidendi: The legal reasoning behind the decision. Forms binding precedent.
- Obiter dicta: Statements "said in passing" that are not binding but can be persuasive.
- New cases involving novel facts require courts to create new common law principles.
Ratio Decidendi
- Found in majority judgments.
- Must be followed by lower courts with similar facts.
- Typically followed by courts hearing cases with similar facts.
- Example: Interfoto v Stiletto: The ratio is that the plaintiff failed to draw attention to the unreasonable clause in a clear and fair way.
Obiter Dicta
- Found in majority and minority judgments.
- Not binding but persuasive.
- Distinguishing between ratio and obiter can be challenging until another court applies the decision.
Courts and Precedent
-
Supreme Court (formerly House of Lords): Decisions bind all lower courts.
- Practice Statement (1966): allows the Supreme Court to depart from previous decisions in exceptional circumstances.
-
Court of Appeal (Civil Division):
- Bound by decisions of the Supreme Court.
- Binds lower courts and is bound by its own previous decisions.
- Where conflicting decisions exist, the Court of Appeal favors the most recent decision.
- Decisions per incruriam (made due to oversight) are rare and primarily occur when the Court of Appeal is likely the final resort.
- Exceptions to binding precedent: Young's case (1943) and per incruriam.
-
Court of Appeal (Criminal Division):
- Bound by the decisions of the Supreme Court.
- Binds lower criminal courts and is bound by its own previous decisions.
- Exceptions to binding precedent: Young's case, per incruriam, and R v Taylor (1950).
-
High Court (First Instance):
- Bound by the Supreme Court and the Court of Appeal.
- While not strictly bound by its own previous decisions, it generally follows them.
- Favors later conflicting decisions if they were made with full consideration of the earlier case.
- Binds all lower courts.
- High Court Divisional Courts (Supervisory): Bound by the Supreme Court, Court of Appeal, and not bound by previous decisions of divisional courts.
- High Court Divisional Courts (Appellate): Bound by the Supreme Court, Court of Appeal, with exceptions in Young's case.
- Lower Courts (Crown, County, and Magistrates): Bound by all higher courts.
-
Judicial Committee of the Privy Council:
- Sits outside the UK court system.
- Not strictly binding on itself or other courts, but decisions are highly persuasive due to its overlap in personnel and venue with the Supreme Court.
Persuasive Precedent
- Judges considering precedent may look to sources that are not strictly binding (Privy Council, European Court of Human Rights, obiter dicta, dissenting judgments).
Using Precedent
- Follow: Apply existing precedent to cases with sufficiently similar facts. (Example: Interfoto v Stiletto followed Thornton v Shoe Lane Parking).
- Distinguish: Recognize precedent is correct but don't apply it because the facts are too different. (Example: Holwell Securities v Hughes distinguished from Henthorn v Fraser).
- Overrule: Decide a previous case was wrongly decided. (Example: Montgomery v Lanarkshire Health Board overruled Sidaway v Board of Governors of the Bethlem Royal Hospital).
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Description
Explore the concept of judicial precedent, including the principles of stare decisis and the roles of ratio decidendi and obiter dicta. Understand how higher court decisions influence the development of the law and the importance of consistency in legal rulings.
