The court system and precedent
The hierarchy of UK courts, the doctrine of stare decisis, ratio versus obiter, the Practice Statement 1966, and the Supreme Court's approach to precedent.
Archie is a senior judge in the Court of Appeal. He is deciding a case concerning the liability of a
Question · Cambridge BA: Jurisprudence Paper
Sophie, a first-year law student, is researching the legal status of cohabiting couples for her diss
Question · LSE: Legal System & Legal Method Exam Paper
Stare decisis
The doctrine that courts should follow precedent set by higher courts in their hierarchy.
12 landmark · 0 recent judgments · 30 semantic matches for “doctrine of precedent”
An Italian lawyer challenged the nationalisation of the electricity industry, arguing Italian law conflicted with the EEC Treaty. The ECJ held that EU law creates a separate legal order that takes precedence over national law. Member States have limited their sovereign rights by creating a body of law binding on both nationals and themselves.
Statutory schemes override prerogative powers in the same field.
The Court of Appeal authorized separation surgery for conjoined twins where one twin would inevitably die, despite parental objection and the certainty that the weaker twin would be killed by the operation. This landmark case established that doctors could lawfully perform life-saving surgery that would cause the death of one patient to save another when both would otherwise die.
King cannot create or change law by proclamation without Parliament
The ECJ established the supremacy of EU law over conflicting national law, holding that member states cannot unilaterally override EU obligations through subsequent domestic legislation.
Child's welfare is paramount; no presumption favoring natural parents over other carers.
Court establishes certainty requirement for charitable trusts and cy-près doctrine
A son built a bungalow on his father's land at the father's suggestion. After the father died without leaving a will, the court held the son had acquired an equitable interest through proprietary estoppel.
House of Lords rules prerogative powers subject to judicial review
House of Lords allows courts to consult Hansard for statutory interpretation
The European Court of Human Rights found that the UK's injunction preventing The Sunday Times from publishing articles about the thalidomide scandal violated Article 10 of the European Convention on Human Rights. This landmark case established that restrictions on press freedom must be strictly justified and that 'prescribed by law' requires accessible and foreseeable legal standards.
Abbey National v Cann established that a charge or mortgage created simultaneously with the acquisition of property takes priority over any overriding interest that might arise at the same moment. The case clarified that there is no 'scintilla temporis' (moment in time) between acquiring property and creating a charge over it in a single transaction.
House of Lords establishes privity of contract doctrine in tyre price dispute
Ministers cannot use prerogative powers to frustrate Parliament's statutory scheme
Judges cannot decide cases where they have any financial interest whatsoever.
ECJ case establishing absolute supremacy of EU law over national constitutional law. German company's challenge based on constitutional rights was rejected as EU law takes precedence over all national law.
EU law supremacy requires domestic courts to disapply conflicting national legislation.
House of Lords confirms EU law supremacy over UK Acts of Parliament
The Crown cannot create crimes or change law by proclamation without parliamentary consent.
Unfair prejudice requires breach of legitimate expectations based on actual agreements or understandings.
Court establishes right to sue immediately for anticipatory breach of contract
House of Lords confirms positive covenants cannot bind successor landowners
Foresight of consequences is evidence of intention, not intention itself.
National courts must interpret national law consistently with EU directives wherever possible.
House of Lords establishes golden thread: prosecution must prove guilt beyond reasonable doubt
Proprietary estoppel creates enforceable rights where assurance induces detrimental reliance on property
Court establishes definitive test for apparent authority in company law
House of Lords clarifies when appeals courts can overturn family judges' discretionary decisions
Equity prevents enforcement of rights where party induced reliance on representations.
Standard of care judged by contemporary knowledge not hindsight or later discoveries.
National courts must immediately disapply conflicting national law to give effect to EU law.
Ministers cannot adopt blanket policies that fetter discretionary statutory powers.
Restrictive covenants can bind future landowners in equity despite lack of privity
Condition precedent doctrine applies where debtor's fault prevents contract performance.
Appeal allowed where Secretary of State's human rights certifications contradicted EM (Eritrea) Supreme Court ruling on Article 3 risk.