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Week 4 Court of Appeal and Avoiding Precedent


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Young v Bristol Aeroplanes
The case which gives the Court of Appeal 3 exceptions to avoid their own past precedent
Per incuriam
Means that the past precedent was made in error
Gould
Judges in the Criminal division can avoid past precedent if the law was misapplied/misunderstood
Lord Denning
Former Head of the Civil division; thought the Court of Appeal should have the same powers as HL
Following
Where a judge follows a past decision and makes the same decision in the case he is currently hearing
Overruling
Where a judge disregards a past precedent and makes a new rule. The old law is now ignored.
Reversing
Where a higher court reverses the decision from court below on appeal in same case, creating a new rule
Distinguishing
Where a judge looks for differences between 2 cases so the past precedent does not apply to the current case
Balfour v Balfour
A case that decided that contracts are not usually intended to be legal between a married couple
Merritt v Merritt
The couple was already separated when the contract was made, creating a new rule
Sweet v Parsley
Schoolteacher appealed drugs conviction up to HL who reversed the decision from the court below
Gillick v West Norfolk AHA
This set a new rule about u16s being giving contraception confidentially, appealed many times
Pagett
The case where D used his girlfriend as a shield - the precedent has been followed ever since
BRB v Herrington
First major civil case to use Practice Statement; we now owe a duty of care to trespassers
Shivpuri
First criminal case to use the Practice Statement; if he intended to sell drugs he could still be guilty