TD Introduction to UK Law PDF

Summary: Key Vocabulary Introduction - Common Law et Tradition Civiliste (Book you probably should get) - There will be a midterm (October 7th) and final (November 25th) inside the class. - Some countries that are affected by a common law system are the UK, USA, Carib...

Summary: Key Vocabulary Introduction - Common Law et Tradition Civiliste (Book you probably should get) - There will be a midterm (October 7th) and final (November 25th) inside the class. - Some countries that are affected by a common law system are the UK, USA, Caribbeans, Kenya, Mozambique. Key Terminology & Definitions - There are differences between ‘The Law of England and Wales’, ‘United Kingdom’, and ‘British Isles’. - The British Isles includes the entire island. This would include England, Wales, Scotland, Northern Ireland, and the Republic of Ireland. - Common Law, first meaning: The type of legal system. Common Law, second meaning: A description of what is happening within the law, more specifically, judge-made decisions i.e precedents. - Common Law is a system that is not codified, meaning there is nothing that specifically writes down all the rules. - Civil Law is codified, meaning it has abstard principles and persuasive precedents. - Common Law relies on the facts of a case, meaning that a specific case/situation must be used as reference when making a decision. - Binding Precedent: They have to use the precedents used in other cases when making a decision. - The common law systems are very flexible and malleable, constantly evolving over time. - The civil law system is far more sturdy and builds on itself. - The main sources of law in the UK are Acts of P (Statutes or Legislation), common law, EU derived/international law, Royal Prerogative, Constitutional Conventions / Customs. Private Law Contract Law Situations that related to contracts such as a NDA or a receipt. Tort Law Situations in which a party, injured as a result of another party’s wrongdoings, is entitled to a legal remedy. Property Law Trusts Law Family Law  Public Law Civil Law vs Criminal Law - In criminal law, the amount of proof is dependent on the severity of the crime. For example, things like murder the evidence must prove the individual to be guilty beyond reasonable doubt. - In criminal law, the state (prosecutor) has the burden of proof. - In civil law, the claimant is the one who has the burden of proof. - Civil Law, first meaning: The type of legal system that a specific country or nation uses. - Civil Law, second meaning: Civil law can also be used to describe the type of law that is being used i.e private law. Common law vs Civil Law Continental Law (=Civil Law) Common Law Who makes it? Academics/Scholars, universities Practitioner (Judges) What function do these people play? System builders Problem solvers European laws are a mix of continental law and common law. It is heavily influenced by Roman law before anything else. Parliament (Chapter 2) Key Constitutional Principles Common Law - Judicial precedent= judge-made law = Case Law Acts of Parliament = Statutes = Primary legislation EU/International Law Royal Prerogative Constitutional Conventions = Custom What document was signed in 1215 and was the most significant early influence on the long historical process that led to the rule of constitution law today? Magna Carta For the purpose of the British Nationality Act 1981, what does the United Kingdom refer to? Northern Ireland, Britain, Wales, Scotland, and overseas territories. European Conventions of Human Rights is not the same thing as the EU. This means that the Human Rights Act of 1998 still applies even after Brexit. Passed in 1679, it does not protect Scottish Citizens’ civil liberties, what is it? Habeas Corpus Act 1679 does not protect Scottish citizens’ civil liberties. How many countries does the island of Ireland contain? Two, Northern Ireland and the Republic of Ireland. What clarified the line of succession to the throne and gave security of tenure to judges? Act of Settlement 1701 Importance of Statutes in shaping the Constitution Magna Carta An act of parliament cannot be challenged by any other system except parliament itself. Fundamental concepts Separation of Powers - It’s an idea that creates balance between institutions (Legislature, Executive, & Judiciary) preventing one particular institution ruling the entire government body. Legislature, making law. Executive, carrying into effect. Judiciary, adjudicating the law. Fusion of Powers - When two institutes overlap in power in a particular area. Cabinets NP & Prime Minister are able to sit in Parliament to create law and be able to executive as well. Parliamentary Accountability - They have to justify their actions to Parliament when making decisions/policies. PMQ = Prime Minister Questions, a time where Parliament questions the PM and the PM has to justify their actions. Another fusion of powers is Power of Appointment, where the monarch (In reality it's the Prime Minister) can appoint people in the House of Lords. CRA 2005 (Constitutional Reform Act), it was passed on paper in 2005 but started properly working in 2009. Its purpose was to separate the judiciary branch and make it more impactful. You do not need to be a lord to be a Supreme Court Justices/Judges. Created a highest court for the law. House of Lords Appellate Committee - it used to be the system led by 12 law lords. They were also part of the House of Lords which was a problem. The CRA 2005 caused a reform of the Lord Chancellor but he has retained his status of Minister of Justice. He was also the speaker of the House of Lords and considered as the highest judge (The one responsible for the court system).He is not the highest judge anymore but the Lord/Lady Chief Justice. Prerogative Powers - Powers traditionally held by the Monarch, but now exercised by the minister (Prime Minister). Reserve powers of the monarch include the power to appoint and dismiss ministers: summon and prorogue parliament: give royal assent to bills passed by parliament. Prerogative powers exercised by ministers include the conduct of foreigners affairs, negotiating treatings, going to war, making public appointments. Fixed-term Parliament Act 2011 - It enacted a fixed date for elections, this was to guarantee longer and stable governments. This removed the royal prerogative that the Prime Minister decided when the election started. This was repelled in 2022 and replaced the Dissolution and Calling of Parliament Act 2022. DCPA - This resurrected the royal prerogative. This means that within the five years they are able to trigger the election whenever. Rule of Law - This means that no one is above the law including the monarch and prime minister. Quick Fact, Constitutional Vandalism: The act of not respecting laws. Parliamentary Sovereignty - The parliament is the main power and is the ruling body of the government. They cannot be challenged in court and the only way they can be repealed is if another Act of Parliament is made against it. Dicey’s definition: Parliament can make or unmake any law whatsoever. No other body (including the courts) can override or set aside Parliament’s enactments. No Parliament can bind its successor or be bound by its processors. (Whatever laws that Parliament puts in place can be removed by it whenever and is not above Parliament). Implied repeal - When an Act replaces another by contradicting or something else. Composition of the Houses Who are the Parliamentarians? A. House of Commons - It's elected every 5 years. - 650 seats in total. - Frontbenchers tend to be part of the cabinet or hold some extra responsibilities. They are chosen by the Prime Minister and Shadow Minister. - Backbenchers do not have any additional responsibilities. - Crossbenchers are independents, people who are not sided with a specific party. Ex: Jeremy Corbin. B. House of Lords - Seats are earned by political appointment, HOLAC (House of Lords Appointment Commission) recommendation, or Heredity + byelections. - About 800 people (Constantly changing) - They act as a weaker senate (They only have one month before a bill or ACT is automatically passed). - Lords Spiritual (26) - Lords Temporal have either life peers (People who only have that seat for their life and cannot be passed on) and hereditary peers (Their seat is passed on to their family matters). A total of 92. - Law Lords (Removed after 2005 Constitutional Reform Act). December 2022 Gordon Brown’s Commission on reforming the House of Lords.  - Change of composition (Elected members representing something) - Change of powers (Since they would be elected) - Supported by Keir Starmer. A bill can stay until propagation (Suspension of Parliament) or dissolution (A new election). Introduction to UK Law Homework for 9/23/2024 The bill’s purpose is to remove the hereditary peers in the House of Lords. The 1999 act refers to when a substantial change was made to the House of Lords which limited the possible number of hereditary peers to 92. The context of the bill is that it has been a total of 17 years that the temporary measure of limiting hereditary peers to 92 has taken place. Enough time has passed to abolish hereditary peers in its entirety. By-Elections is when a lord is dead or retired and somebody must take their place via election inside the House of Lords. The conservative party at the time was leading the government and were usually in favor of keeping hereditary peers. The main arguments are that it is undemocratic and that it chooses people not based on their merit but birthright. It says that these people are not an accurate representation of the people’s wants or needs as they were not elected democratically. Hereditary peers did not earn their seats like their ancestors did. The House of Commons is being reduced to 600, the House of Lords should be reduced as well. The less seats would also reduce the amount of taxpayer money being used for these seats. Sometimes; when the proposals for legislation are still very hazy, a Green Paper may be published by the Government? This paper contains tentative proposals to be discussed by pressure groups and other interested lobbies in order to help the government to clarify the proposals. Sometimes a White Paper is then drafted (firm proposals), which is submitted to Parliament for discussion before the bill proper is introduced. This is the embryo which, after various stages through both Houses, will finally receive Royal Assent and become law. The Lawmaking Process (Relations between the Houses) Public Bills - Public Bill is introduced by the majority party. - Money bills & Non-money bills. If the House of Lords fails to pass a money bill within one month of its passage in the HC, the HC may decide that the bill will be submitted for the sovereign’s Assent Immediately. Private Bills - They are introduced by the crossbenchers or the shadow party. The Parliament Acts 1911 & 1949 - Removed the right of the House of Lords to veto money bills completely - Replaced its right of veto over other public bills with the ability to delay them for a maximum of two years (the Parliament Act 1949 reduced this to one) - Reduced the maximum term of a parliament from seven to five years. The Salisbury Convention - The Lords should not try to vote down at second or third reading, a Government Bill mentioned in an election manifesto. (If the labor party said they were going to get Brexit done, normally the House of Lords could not interfere.) The Hunting Act is a good example to use for times that the House of Lords can get bypassed by the House of Commons if they wanted to. Courts = declaration of incompatibility (Not every court is compatible with the Human Rights Act 1998) The Rwanda Bill - A bill to send illegal immigrants or refugees found in the UK and send them to Rwanda. The Lunacy Act - Regnal years (1837-1901) Anatomy of a text S2[Section](3)[Subsection](c)[Paragraph](i)[Subparagraph] The relations between Parliament & the government - The government can have an influence on parliamentary life just as Parliament can have influence on the government. - Parliament has the ability to vote bills, question the government (PMQ), confidence motions ( - Vote of no confidence - The opposition with the approval of the majority of the House enacts another election as they don’t trust the Prime Minister anymore. - Vote of confidence - The Prime Minister invokes an election to see if Parliament still supports them. Powers of Government - Proposing Bills - They can propose bills - Prerogative powers: dissolution of Parliament, prorogation - Dissolution: The Prime Minister decides to dissolve Parliament, forcing a general election. - Prorogation: A pause of 3 weeks for Parliament and the bills are carried over. The 2019 controversial Prorogation Case  - Instead of the typical 3 weeks of prorogation it was 5 weeks. - They had a deadline for Brexit in 2019 (December 31st) to establish their future relationship for the EU. This made it look like he was purposefully stalling Parliament to have the UK not have a deal with the EU. - This usage of prorogation created a case that was brought to the Supreme Court to see if this action was legal or not. - The UK Supreme Court ruled that the advice that he gave to the Queen was illegal. Primary Legislation - Laws which go through the Parliamentary stages and receives the Royal Assent - Acts of Parliament cannot be challenged in the courts Seconds Legislation - Laws which derive their legitimacy from powers given to a minister or department. - Can be challenged in the courts Why is secondary legislation necessary? Technical Aspects Time Increasing number of SIs (Statutory Instruments) over the years Before 1992: 2,500 SIs/year After 1992 (After Maastricht Treaty): 3,000 to 3,500 SIs/year Skeleton Acts = Acts are that very broad and not very well detailed which must later on be defined by secondary legislation. How are SIs (Statutory Instruments) made? SIs = A form of legislation which allows the provisions of an Act of Parliament to be brought into force or altered by the Government without Parliament having to pass a new Act. Ex: Census Act (1920) Section I - Power to direct taking of a census - “Subject to the provisions of this Act, it shall be lawful for His Majesty by Order in Council from time to time to direct that a census shall be taken for Great Britain.” (Often used as a Parent Act or also known as Enabling Act)  - If they want to take a new census, they would have to lay the SIs before Parliament and would in particular do a memorandum. - T - Laying of an instrument: 1. Laid before the two houses. 2. The SI comes with an Explanatory Memorandum (+ Impact Assessment and Transposition note) II. C The Committees - Delegated Legislation Committee - Join Committee on Statutory Instruments: legal drafting (complete? Ultra vires?) = They look at the technical aspect of the SI. - The House of Commons Select Committee on Statutory Instruments - The house of Lords Secondary Legislation Scrutiny Committee (SLSC): policy intent - After all of this it needs to be approved by Parliament. Negative procedure (SI passes unless annulled within set period, usually 40 days) Affirmative procedure (SI must be actively approved by the Houses before coming into force) If the SI is annulled it is called “A Prayer”. An annulment can either be done by House of Lords or House of Commons. Delegated legislation Primary Legislation Who makes it? Ministers with the Approval of Parliament Parliament Procedure Varies Stages in both Houses But is subject to technical scrutiny Scrutunity by Join Committee on by the Joint Committee on Statutory Human Rights and Constitution Instruments (HL + HC) Committee The House of Lords Secondary Legisltation Scrutiny Committee reports on significant legislation (HL) Amendable Mps and peers cannot suggest Yes, debates MPs and peers improvements. They can only say yes or no. How long is the debate? Up to 90 minutes (Mostly not Weeks to months to years debated) Can the courts review it? Yes: Judicial review No Parliamentary sovereignty But courts can make a declaration Annulled or canceled on rare occasions - Negative Procedure = Last time annulled for HC = 1979 and for HL = early 2000s - Affirmative Procedure = Last time annulled for HC = 1978 and for HL = 2015 A rare example: The Lords’ rejection of the Tax Credit cuts (2015) About 10% of Parent Acts are never introduced (Never made into Statutory Instruments) Henry VII clauses Allows ministers to amend primary legislation Ex: Childcare Act 2016, which is s.4 (2) (d) gave a power to “amend, repeal or revoke any provision made by or under an Act (Whenever passed or made)” EU Law and Brexit: EU Withdrawal Act 2018 (UK ministers allowed to amend EU laws to better fit UK laws after Brexit) Sunset Clause = The amount of time a procedure may last before it expires. What you should know: - The different types of secondary legislation - What SIs are and how they are introduced - What Ultra Vires means - What a Prayer is - How Parliament controls SIs - The debates/ambiguities surrounding SIs Exercise Secondary Legislation: EU Law & UK Law What is a dualist system? Monist System - An international treaty once ratified is automatically part of law. Dualist System - International law is not directly applicable domestically. It must first be translated into national legislation before it can be applied by the national courts. It is applicable on international matters but not domestically if it is not passed by national legislation. The European Communities Act (1972) = What made the UK join the EU or at the time the European communities. It applied its law via direct effect (Stated in the Act), primary legislation (passed by Parliament), or delegated legislation. Homework: 1. What is known for some as Independence Day? What was the result of the referendum? Independence Day is also known as Brexit, when England separated itself from the EU or more specifically when the vote happened, 24th of June 2016. 2. Who was PM during / after the referendum? Theresa May 3. What is the EU's article 50? Provides for a mechanism for the voluntary and unilateral withdrawal of a country from the European Union (EU). 4. What was the effect of May's snap election? She lost most of her political influence and power in Parliament as her party lost seats. 5. What are the topics dividing the EU and the UK? The open border with the island of Ireland, divorce bill, and citizen’s rights. Also at first the UK did not want to repay its debts. 6. Who is this man? Nigel Farage, a member of Parliament, Reform UK party 7. And this man? John Bercow, member of parliament, Labour Party. Former Speaker of the House (2009-2019) 8. When did the UK finally officially leave the EU? January 31st, 2020. Michel Barnier - He used to be the chief negotiator with Europe until 2019. Direct Effect - Something that can immediately be applied in a country. Ex: ECU: “All such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Treaties, and all such remedies and procedures from time to time provided for by or under the Treaties, as in accordance with the Treaties are without further enactment (Does not need to go through Parliament) to be given legal effect or used in the United Kingdom shall be recognized and available in law, and be enforced, allowed and followed accordingly; “ 1990 Factortame Common Fisheries Policy < > 1988 Merchant Shipping Act Challenged by the ECJ, European Court of Justice (freedom of establishment) Challenged by the courts (cf R v Secretary of State for Transport, ex parte Factortame (no 2) (1991) 1 All ER 70 (House of Lords) Result: If there is a contradiction between UK law and EU law, EU law prevails. Meaning the Merchant Shipping Act was disapplied, while it still exists, it was not used anymore. The 1992 Act relinquished some power of Parliament Miller I - A case that was brought to the UK Supreme Court, can Theresa May use her royal prerogative to use Article 50 or does she have to go through Parliament? It said Theresa May had to go through Parliament because Article 50 would have a large impact on domestic law and all domestic law had to go through Parliament. What Remains of EU Law after Brexit? Three stages: Withdrawal → Transition → Future Relationship Withdrawal - Theresa May was not allowed to trigger Article 50 on her own. - 2018 EU Withdrawal Act, it repealed the 1972 ACT of the ECA, created “ retained EU law “, changes through secondary legislation. - 2018 EWA section 13 (Still the same Act), The withdrawal agreement that was between the EU and the UK, they have to give Parliament a chance to vote on it and examine. - The 2020 Withdrawal Act related to the laws that would be applied. The 2018 was the anticipation and the 2020 version was after the EU and the UK had come to an agreement. I. Clause 33: Transition period to end 31 December 2020 II. Clause 21: Northern Irish protocol (Did not create a hard border between Northern Ireland and the Republic of Ireland because of its past. A soft border prevents a possible civil war) Sifting Committee - A new procedure for negative statutory instruments (SIs) that relate to exiting the EU. If a Minister proposes to make an SI using negative procedure, they must first lay the draft SI before Parliament so that it can be considered by a committee of each House. The committees have 10 sitting days to recommend whether the draft SI should be subject to negative or affirmative procedure. HRA was controversial because of the declaration of incompatibility = a declaration issued by a United Kingdom judge that a statute is incompatible with the European Convention of Human Rights under the Human Rights Act 1998 section 4.They have the ability to Examine the 2018 EUWA and the 2020 EUWAA p. 37-39: what is the legal status of EU law according to the two Acts? What changed? The two Acts depict the legal status of EU law as an optional statute that can be followed if Parliament decides to. However, in the case that EU law is followed, it should be treated as if the United Kingdom had implemented though exceptions are applicable. A minister of the Crown has the ability to decide whether a court has to follow the judicial precedent of EU case law. The 2018 EUWA dictates that EU case law can either be implemented within the UK judicial system or can be dismissed. If the EU case law is implemented, new judicial precedent made after “exit day” is not applicable and can not be used in any manner. On top of that, if EU case law is implemented but wants to depart from it, the same test to depart from domestic UK case law must be applied to it. The 2020 EUWA keeps a similar theme however, it diminishes the judicial value of EU Case law by giving the ability to the Minister of the Crown to decide whether EU Case law is applicable to a court or not. Delegated Legislation - Rules or regulations that are granted to ministers of the Crowns by an Act of Parliament. Negative Instrument - Automatically approved unless the HoC denies (Pray is the correct term) it. Affirmative Instrument - Must be approved by HoC and HoL within 40 days. Skeleton Bill - Does not contain any policy but delegated powers. Henry VIII - The power to modify primary legislation as a secondary legislation. Internal Market Bill - A bill that sits on the basis on how free trade operates in the UK. Motion of Regret (Or Fatal Motion) - A formal statement that expresses disagreement with government actions. How often are SIs rejected? Rarely ever rejected (last time in 1979) Transition Period - Not represented in EU institutions.  - EU Law remained applicable until the end of the transition period. Internal Market Bill - Makes provisions for the Uk’s single market - Seeks to provide access for Northern Ireland goods to the market in Great Britain - Negated the EUWAA (2020) as goods could flow freely between the UK and Northern Ireland. Infringement Process (Started October 1st) - Letter sent to the UK (Formal notice) - It can send a reasoned opinion - a formal request to the UK to comply with EU law. - ECJ - Possible financial penalties Blocked by the Lords Ping Pong Motion to regret introduced in October 2020 Lord Judge tabled the motion at the end to insert “But that this House regrets that Part 5 of the bill contains provisions which, if enacted, would undermine… “ The controversial part i.e Part 5, which broke international trade law, was removed. Future Relations Internal Market Act (UKIMA) The Windsor Framework - The Prime Minister of 2023 managed to find an agreement by modifying part 5 which made both Northern Ireland and the EU content. Keir Starmer - He opened the door to better relations with the EU - Suggested to enter a security pact between the EU and the UK. (This creates more trust between the two) Topic 4 Brexit & Judicial Review Judicial Review - The process by which the legality of the exercise of public functions (Secondary Legislation) may be challenged. 3 Jurisdictions - In Scotland = Dealt with by the Court of Session - In England and Wales = dealt with by the Administrative Court (part of Queen’s Bench division of the High Court) in London or regional centres - In Northern Ireland = High Court of Northern Ireland All of these can end up in the UK Supreme court (Not specifically England) History Role of the judges - Deferential approach (20th century) I. Judges were cautious to not affect the boundaries or scope of the executive's powers. Not put decisions that would limit executive powers. - Activist approach (from the 1960s onwards) = Judicial activism I. Judges are more likely to encroach on decisions that would reflect executive powers. Key figures of judicial activism: - Lord Denning (1899-1999) - Lord Reld (1890-1975) “ If the Minister, by reason of his having misconstrued the Act or for any other reason, so uses his discretion as to thwart or run counter to the policy and objects of the Act, then our law would be very defective if persons aggrieved were not entitled to the protection of the Court. “ If the Minister goes against an Act of Parliament or beyond what he should do (Misunderstood/misinterpret), the courts should be there to protect the citizens by this incorrect interpretation. Ministers are not the final arbiters when it comes to the interpretation of an Act of Parliament. For example: If the Minister of Crown introduced a SI that is beyond the scope of what its parent act allowed, the courts can quash (Null and void) it. Remedies If the claimant wins, then the government decision can be declared unlawful, or quashed. That will sometimes mean that the decision has to be made. Alternatively, the court can order the government to do or not do something (Injunction). Ground for Judicial Review - Illegality: Examine the legality or illegality of a SI (Statutory Instrument). Main One - Procedural unfairness: The procedure of when the SI what put into place. Main one. - Irrationality: Have to prove that no rational person would have made that SI. Rare but used sometimes. - Proportionality: A decision is proportionate to what it is trying to do. Not a main one (Not official) but tends to seep in as one of the reasons because of EU influence. Example of JR: Article 50 case 2017 (Miller I) - First heard in the High Court - The High Court ruled: That Theresa May had to go through Parliament. - The Secretary of State appealed the decision and brought it in front of the UK Supreme Court (Jumped to Supreme Court via Leapfrog appeal). - The Supreme Court ruled: Theresa May had to go through Parliament to start the withdrawal process. The paradox was that: Ministers have royal prerogative when it comes to international affairs but not when it comes to domestic affairs without Parliament. If Theresa May were to leave the EU without the Parliament, she would be affecting domestic law even if it’s from an international treaty. Royal Prerogative cannot be exercised if it is not compatible with Parliament legislation. Royal prerogative exists as long as Parliament allows it and may be abrogated by statute. EU Law prevails over national law. The dualism system of the UK allows for Parliament to keep its sovereignty. Treaty making power - Technically Ministers don’t have to go through Parliament to sign a treaty. Ponsonby Convention of 1924: Parliament has 21 days to review an international treaty and that all international treaties must be presented before Parliament so they can give their opinions. Parliament does not have the ability to deny the right of the Prime Minister to sign an international treaty. CRAG 2010 - Ponsonby Convention was included in the statute to further reinforce the obligation of presenting an international treaty before Parliament. Future of JR Conservative manifesto 2019 “ We will ensure that judicial review is available to protect the rights of the individuals against an overbearing state, while ensuring that it is not abused to conduct politics by another means or to create needless delays. “ Creation of the Independent Review of Administrative Law (chaired by Lord Faulks KC, July 2020) Independent Review of Administrative Law: “ The government is undoubtedly entitled to legislate in relation to judicial review, and may well be justified in doing so in certain circumstances. None of the judges who provided submissions to us called this into question. Although there could be said to be an element of conventional law reform about some of our proposals, any decision to legislate more widely will essentially be a political one.” “Judicial Review and Courts Act “was passed because of the IRAL’s statement ^: - Reform of quashing order (Quashing Order = the ability to nullify or cancel a SI). Now a quashing order does not immediately remove the specific SI clause immediately but gives it an amount of time where it is still viable before losing credibility. - Prospective / suspended quashing orders - Removed the possibility for further review of the decision of a higher tribunal. K. Starmer becomes Prime Minister. Topic 6: Key Concept: Adversarial system vs inquisitorial system Adversarial = The judge takes a more passive role, letting the lawyers Inquisitorial = The judge takes a more active role, calling witnesses, etc Are Common Law judges (adverserial) truly passive? Case management: Civil Procedure Rules CPR 1999 Civil Procedure RUles (“CPR”) 1999: => Defined very wide case management powers which are used to ensure that the dispute is resolved efficiently. => Defined the principle of the overriding objective = enabling the Court to deal with cases justly and at a proportionate cost. Original Precedents = When a judge has to create a precedent as nothing exists that would count as a binding precedent. Exemple = Donoghue v. Stevenson = Ginger beer (Snail), who is responsible ? (Created negligence for tort law.) II. Doctrine of Precedent Stare decisis (Let the decision stand) = Important because of legal clarity, legal predictability, and legal fairness. Every single ruling has these two aspect: Ratio Decidendi = Why the judge reached the decision they reached. Legal Reasoning Obiter dicta = Any additional comments (They are not binding) 1= Decision 2= Facts 3= Ratio Decidendi 4= Obiter dicta Efficiency of this system rests on 3 ingredients - 1 = Rules for determining the part of a judgment that must be followed (=binding) 2 = A settled hierarchy of courts. - The precedent set by a higher court forces all the courts below them to follow that precedent. However, precedents made by lower courts do not bind higher courts. - County, Crown, Magistrate, and tribunals CANNOT create precedents. Only the High, Appeal, and Supreme court can create precedents. - The European Court of Justice is not bound by its previous decisions. - The House of Lords (Now Supreme Court since 2009) I. London Street Tramways Co LTD. v London County Council AC 375 II. Practice Statement HL Judicial Precedent 1 WLR 1234 - Court of Appeal & High Court I. Young v Bristol Aeroplane Co LTD. = Court of Appeal and High Court were bound by their own precedents with the exception of 3 things. 1. If their ruling is challenged or contradicted by the Supreme Court then they must change their precedent. 2. If there is a lack of clarity in the existing precedent.  3. “Last Circumstance”, when a decision has been taken “ per incuriam “, a judge who neglected something when they reached a decision. 3 = Accurate law reports - Year Books (1272-1535) - Private Reports (1535_1865) = Private editors, no specifc body who worked on them. - Modern Reports (1865-Present) I. The Incorporated Council of Law Reporting for England and Wales (ICLR). Increasingly becoming digitilized. How to identify cases: Law Report Citation Case ‘name’ Legal abbreviation for law report series [Horton v Sadler] 1 [AC] Year(Publication not decision) and volume number Page Number Horton v Sadler 1 AC 307 Cases decided since 2002 will have a neutral citation. [YEAR (Decision not publication)] COURT ABBREVIATION CASE NUMBER Examples: EWCA Civ 101 EWWHC 101