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

Divisional Courts (High Court)

Crown Court / County Court

Magistrates Court

Appellate Courts

Supreme Court

Court of Appeal

Divisional Courts

Criminal Division and Civil Division

Family Division

Queens Bench Division

Chancery

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

hear appeals

appeals = apply to a higher court for a reversal of the decision of a lower 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

each division is usually bound by its own decisions (with exceptions)

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

🚩 Young v Bristol Aeroplane Co. confirmed this but set out 3 exceptions

  1. where a later HL (now SC) decision overrules a previous CA decision
  1. where there are 2 conflicting previous CA decisions, CA must choose between them
  1. where the precious CA decision was made per incuriam

per incuriam = through lack of care

CA must follow HL/SC decision

rejected decision loses its binding force

🚩 Parmenter followed CA decision in 🚩 R v Spratt rather than 🚩 R v Savage

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