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Judicial Precedent - Methods of Avoiding Precedent (Distinguishing (2…
Judicial Precedent - Methods of Avoiding Precedent
Basic Information
general rule = judges follow precedent
judges may avoid following precedent in certain circumstances by:
distinguishing
overruling
Distinguishing
the binding decision that is cited (mentioned) as applicable to the case in dispute is not followed because the facts are materially different
a judge in any court can distinguish between the case setting the binding precedent and the current case
so the judge avoids following the precedent
:red_flag: Merritt v Merritt distinguished :red_flag: Balfour v Balfour
:red_flag: R v Wilson distinguished :red_flag: R v Brown
2 precedents are set
the precedent distinguished
the new decision
both 2 new lines of authority
Overruling
once a precedent is made, it remains binding until overruled
overruling is where a higher court sets aside a decision of a lower court (or itself) in a different, previous case
e.g. of higher court setting aside a previous decision of a lower court in another
e.g. HL overruled :red_flag: R v R in :red_flag: R v Miller
overruled decision is no longer valid law
Methods used by Supreme Court
Methods used to avoid following own pervious decision
1966 Practice Statement - only applied in a small number of cases where SC feel the previous decision prevents proper development of law or is unjust/contrary to public policy
SC then overrules its own previous decision
:red_flag: BRB v Herrington overruling :red_flag: Addie v Dumbreck
Overruling
SC can also overrule a decision by a lower court in a prev. case
e.g. SC overruling a decision by CA in :red_flag: R v R overruling :red_flag: R v Miller
Distinguishing
SC will distinguish facts of a previous SC/HL decision
Methods used by Court of Appeal
Methods used to avoid following own previous decision
Exceptions set out in :red_flag: Young v Bristol Aeroplane
overruling
CA sets aside a decision in a different, previous case - in CA or lower court
distinguishing
:red_flag: Merritt v Merritt distinguished the earlier case of :red_flag: Balfour v Balfour
:red_flag: R v Wilson distinguished the earlier case of :red_flag: R v Brown