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Judicial Precedent - Settled Court Structure (The Hierarchy (Divisional…
Judicial Precedent - Settled Court Structure
The hierarchy of the courts
judges need to know which decisions they are bound to follow
the hierarchy means that decisions in the higher courts bind the lower courts
every court is bound to follow any decision made by a court above it
appellate courts are generally bound to follow their own previous decisions
The Hierarchy
Court of Justice of the European Union
Supreme Court
Court of Appeal
Criminal Division and Civil Division
Divisional Courts (High Court)
Family Division
Queens Bench Division
Chancery
Crown Court / County Court
Magistrates Court
Appellate Courts
Supreme Court
Court of Appeal
Divisional Courts
hear appeals
appeals = apply to a higher court for a reversal of the decision of a lower court
1. Court of Justice of the European Union
CJEU is not part of the English court structure but its decisions are binding on all UK courts on matters of EU law only
CJEU is not bound by its own previous decisions but aims for consistency
2. Supreme Court
tops the English court structure
in 2009, the SC replaced the House of Lords Appellate Committee
Highest appeal court for civil and criminal cases
its decisions bind all other English courts
it is generally bound by its own previous decisions
on rare occasions it avoids following its own previous decisions by making use of the Practice Statement
3. Court of Appeal
bound by decisions of the SC
2 divisions: civil and criminal
criminal division binding on all courts below it in criminal cases
civil division binding on all courts below it in civil cases
2 divisions do not bind each other
each division is usually bound by its own decisions (with exceptions)
:red_flag: Young v Bristol Aeroplane Co. confirmed this but set out 3 exceptions
where a later HL (now SC) decision overrules a previous CA decision
CA must follow HL/SC decision
where there are 2 conflicting previous CA decisions, CA must choose between them
rejected decision loses its binding force
:red_flag: Parmenter followed CA decision in :red_flag: R v Spratt rather than :red_flag: R v Savage
where the precious CA decision was made per incuriam
per incuriam = through lack of care
without considering relevant legislation or case law
per incuriam decision loses its binding force
4th exception only applies to CRIMINAL DIVISION
considers its previous decision was wrong
to follow would be unjust
greater flexibility because the liberty of the individual is at stake
4. Divisional Courts/High Court
Divisional courts
decisions bind themselves (with same exception), the High Court and all lower courts
High Court
court of 1st instance role
bound by decisions of all courts above
decisions bind lower courts
does not have to follow own previous decision but usually does
5. The Lower Courts
Crown Courts, County Courts and Magistrates Courts
do not usually set binding precedents
courts are not bound to follow their own previous decisions
very little power