Explain how the doctrine of judicial precedent binds the Court of Appeal

The Court of Appeal is bound by the doctrine of judicial precedent, as all courts in England and Wales are bound. Due to its position in the hierarchy of English courts, the decisions from the Court of Appeal are considered to be of significant importance and the ratio decidendi of cases heard in the Court of Appeal set precedent and are binding on all courts below it. As it falls below the Supreme Court (previously the House of Lords) in the hierarchy of courts, the Court of Appeal is bound by the ratio of Supreme Court decisions, which sets the highest precedent in the jurisdiction.
Court of Appeal decisions do not bind the Court of Appeal. If the Court of Appeal has already judged on a similar matter in a previous case, and there is no Supreme Court precedent, the Court of Appeal may choose to follow the precedent it set in the previous case, or it may choose to develop the law in that area by deciding differently and creating a new precedent, or an exception to its previous decision.

CH
Answered by Chloe H. Law tutor

8061 Views

See similar Law University tutors

Related Law University answers

All answers ▸

Explain the different rules of statutory interpretation within the English Legal System. Use cases and examples to show your analysis.


To what extent are the wishes of the patient respected? (Law, medical ethics)


Outline the meaning of both of the following terms: oblique (indirect) intention and transferred malice.


What is the doctrine of consideration in contract Law, and what was the impact of the case of Williams v Roffey Bros


We're here to help

contact us iconContact ustelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo

MyTutor is part of the IXL family of brands:

© 2025 by IXL Learning