Methods of Avoiding Precedent

Notes on six methods of avoiding precedent

HideShow resource information

Methods of Avoiding Precedent

Distinguish

1 of 6

Distinguish

  • The main device for avoiding precedent
  • Used to show that the facts of the previous case are different from the current case
  • Merritt v Merritt
  • Balfour v Balfour
2 of 6

Methods of Avoiding Precedent

Overruling, Reversing & Disapproving

3 of 6

Overruling, Reversing & Disapproving

Overruling

  • Where a higher court does not follow a precedent set by a lower court
  • Hedley Byrne v Heller and Partners

Reversing

  • Where a higher court does not folow a decision of a lower court in the same case
  • Fitzpatrick v Sterling Housing Association

Disapproving

  • Not a method of avoiding precedent, but helps a Judge depart from the case in the future
  • Used when the Judge does not have the power to overrule the precedent
4 of 6

Methods of Avoiding Precedent

The Practice Statement 1966 & Young v Bristol Aeroplane Co.

5 of 6

The Practice Statement 1966 & Young v Bristol Aero

The Practice Statement 1966

  • Allows a Supreme Court Judge to avoid a previous decision "where it appears right to do so" 
  • Only available to the Supreme Court to avoid precedent
  • Berriman v British Railways Board

Young v Bristol Aeroplane Co.

  • Allows the Court of Appeal to avoid their previous decisions in three circumstances;
  • If the previous decision conflicts with a later Supreme Court decision
  • If there are two conflicting Court of Appeal decisions: R v Parmenter
  • If the previous decision was made 'per incuriam', in error.
6 of 6

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Judicial precedent resources »