1. House of Lords
Its decisions bind all lower courts
It decided in 1966 that it could overrule its own previous
precedents if it appeared “right to do so.”
(The 1966 Practice Statement)
The Court of Appeal
Its decisions bind all lower Courts
Civil Division Criminal Division
It must normally follow its own
precedents. Unless:- It normally follows its own precedents
• the previous precedent was made unless a situation as in YOUNG exists.
per incuriam However the Criminal Division of the
• Where there are a number of Court of Appeal may overrule its own
contradictory Court of Appeal previous precedents to avoid clear
precedents and one needs to be injustice ( R V Gould 1969)
overruled to clarify the law The decisions of
Courts lower in the
• Where the previous precedent hierarchy cannot bind
has been overruled by a later higher courts, although
House of Lords decision their decisions can be
(Young v Bristol Aeroplane 1944) persuasive
The Divisional Courts of the High Court
Their decisions bind all lower courts
The Family and Chancery Divisional Courts The Queens Bench Divisional
hear civil appeals. They cannot overrule their Court hears Criminal Appeals.
own previous precedents, unless they face a They must normally follow their
situation involving one of their own previous own precedents unless a
precedents as in the case of YOUNG above situation as in YOUNG applies,
or to avoid clear injustice
Lower Courts are the High Court, Crown Court, County Court and
Magistrates Court. They are Trial Courts.
They are bound by precedent, however they do not create precedents
themselves