5 GROUNDS FOR AVOIDING PRECEDENT
1 Distinguishing Finding differences in the FACTS of the new case from the earlier case. Balfour v. Balfour married couple Merritt v. Merritt seperated
5 Confliction with a Statute of the European Court of Justice or Human rights.In Re Medicaments, the Court of Appeal avoided following a precedent set by the House of Lords in R v. Gough because it conflicted with a later decision by the European Court of Human Rights.
2 Over-Ruling a lower courts previous Precedent - in a different case (2 cases) Davis v. Johnson was overruled by Pepper v. Hart on the use of Hansard.
3 Reversing a previous Precedent - in the SAME case only (1 case) Re Cannings was found guilty of murder, however she appealed and was found not guilty - the precedent therefore no longer applies.
4 Per Incuriam If a precedent was made by mistake - was a relevant Act followed? Rakhit v. Carty avoided following a precedent as the earlier case didn't use the Rent Act 1977.
1 STARE DECISIS To let the decision stand
2 RATIO DECIDENDI Reason for decision sets out legal principles used by the judge when ruling
3 BINDING PRECEDENT Ratio
4 OBITER DICTA Things said ''by the way'' addition info given in the judgement is persuasive precedent.
5 PERSUASIVE PRECEDENT eg Obiter dicta, decisions from lower courts, decisions from non English courts, Statement made by a dissenting judge.