Methods of Avoiding Precedent

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

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

The Practice Statement 1966 & Young v Bristol Aeroplane Co.

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.