3.3.6 Summary of the system of precedent

The basis of the system of precedent is the principle of stare decisis and this requires a later court to use the same reasoning as an earlier court where the two cases raise the same legal issues. For example:

  • House of Lords’ decisions are binding on all other courts in the legal system, except the House of Lords itself.

  • The Court of Appeal is bound by previous decisions of the House of Lords. The Court of Appeal generally i
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3.3.5 The High Court

The High Court is also bound by the decisions of superior courts. Decisions by individual High Court judges are binding on courts inferior in the hierarchy, but such decisions are not binding on other High Court judges, although they are of strong persuasive authority and tend to be followed in practice. It is possible, however, for High Court judges to disagree and for them to reach different conclusions as to the law in a particular area. The question then becomes – how is a later High Co
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3.3.4 Divisional courts

The legal terminology for these courts is not very straightforward! The High Court is divided into three ‘divisions’, each one dealing with different sorts of cases – the Family Division, the Chancery Division (that deals with property and money cases) and the Queen's Bench Division (that deals with cases involving things like contracts and negligence). Each of these divisions, however, also has the capacity to act as a court to hear appeals from lower courts and, when the judges s
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3.3.3 The Court of Appeal

The Court of Appeal is always bound by previous decisions of the House of Lords.

The Court of Appeal generally is also bound by its own previous decisions. There are, however, a number of exceptions to this general rule. Lord Greene MR listed these exceptions in Young v Bristol Aeroplane Co. Ltd (1944).

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3.3.2 The styling of legal cases

Activity 8 asks you to read Reading 1 – a short extract from The English Legal System (Slapper and Kelly, 2003) – and identify what you consider are the advantages of allowing the House of Lords to overrule its previous decisions. This extract provides you with examples of instances when the House of Lords has not followed its own previous decisions.

This may be the first time you have read the name of a legal case. Case names are written in a particular style. For example, t
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3.3.1 Supreme Court of the United Kingdom

This is the highest appeal court in the UK and was created by the Constitutional Reform Act 20045. The court became operational on 1 October 2009. Generally permission to appeal must be sought before a case can be brought to the UK Supreme Court.

As the highest court of appeal it hears matters which involve points of law of general public importance and concentrates on cases of the greatest public and constitutional importance. Its decisions are binding on all courts lower in the court
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