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

7512 Views

See similar Law University tutors

Related Law University answers

All answers ▸

Discuss the reforms made to the judicial appointments system and how the judiciary aims to promote diversity.


To what extent do public authorities have 'general immunity'?


Provide a brief summary of Donoghue v Stevenson's current role in the law of negligence


What are the main functions of the UK Parliament?


We're here to help

contact us iconContact usWhatsapp logoMessage us on Whatsapptelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo

© MyTutorWeb Ltd 2013–2025

Terms & Conditions|Privacy Policy
Cookie Preferences