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Judicial Precedent 2 - Coggle Diagram

- - - - The Court of Appeal appears to have extended the scope of the per incuriam exception.
      - The narrow or traditional view of per incuriam is that it is only used where the earlier court had failed to take into account all the relevant legislative provisions and/or case authorities.
      - R v Cooper involved the procedure to be followed in the Crown Court when barring a convicted individual from working with children or vulnerable adults.
      - A new system was being brought in under the Safeguarding Vulnerable Groups Act 2006 and it was not clear what procedure should be followed.
      - The Court of Appeal overruled an earlier decision of its own, on the basis that not all the material considerations had been placed before the earlier court.
      - This appears to be wider than failure to take into account all the relevant legislation and cases.
- - - - Where there are conflicting decisions in past Court of Appeal cases, the court can decide which it will follow and which it will reject.
      - Where the Supreme Court has made a decision which affectively overrules a previous decision made in the Court of Appeal, the Court of Appeal must follow the decision made by the Supreme Court as the Supreme Court is above the Court of Appeal in the court hierarchy.
      - Where a previous decision was made per incuriam(carelessly, or by mistake), because a relevant Act of Parliament or statute law was not followed, the Court of Appeal is able to depart from its own decision.