Judicial precedent
Like cases are decided alike
When a judge decides that a case
is similar on facts as a previous case,
he should follow the decision taken by the judge in that previous case.
Donoghue v Stevenson
Grant v Australian knitting mills
Ratio decidendi
The reason for the decision
The part that forms the binding precedent which must be followed.
Original precedent
Hunter v Canary wharf
Where there is no original existing precedent made
Persuasive precedent
Decisions made by lower courts
R v R House of Lords follows court of appeal decision
Privy council decisions
Willers v Joyce These should not be preferred to binding precedent decisions, unless directed by privy council.
Common wealth courts
The Australian decision in Sutherland shire council v Heyman was adopted in Caparo v Dickman
Obiter dicta
Ivey v Genting casinos other things said
Dissenting judgements
Lord Atkin in Liversidge v Anderson Where a judge is in the minority and sets out their reasons.
Options when deciding a case
Follow
If the facts are similar enough to the previous case, the law will be applied in the same way to reach a decision.
Overrule
If the relevant earlier decision was made in a lower court, and the judge disagrees with that judges interpretation of the law, it can be overruled.
Reverse
This is where on appeal the higher court considers that the lower court has interpreted the law wrongly. Changes previous case.
Distinguish
Where the court considers that the material facts of the case they are hearing are materially different, they are not bound by a previous precedent.
The hierarchy of the courts
Crown court + Magistrates court Do not set precedent County court Sets precedent only for itself, not any higher High court Sets precedent for lower courts Court of appeal binds lower courts, bound by supreme court.
The supreme court
Binds all lower courts.
The 1966 practice statement British railway board v Herrington
The court of appeal
Bound by the decisions the Supreme Court.
Bound by its own past decisions.
Law reporting
Since 1865, with the establishment
of the incorporated council of law reporting,
an accurate record of judgements has
been available.