The document discusses key legal concepts related to precedent, including overruling, reversing, distinguishing, and persuasive precedent. It provides examples of cases that overrule or reverse previous decisions from higher courts. It also gives examples of how courts can distinguish between cases based on their material facts. Additionally, the document explains that while courts are generally bound by precedents set by higher courts, they can consider persuasive precedent from other jurisdictions. However, it notes there are constraints on a court's ability to avoid following binding precedent. The document aims to consolidate understanding of precedent through discussion of key terms, examples of relevant cases, and application questions to test comprehension of when and how precedent can be established, overruled, or distinguished in

1. Starter:
What’s the Word?
Re
erx
ting
Follow
Overrule
Reverse
Distinguish
All of you should be
able to work out the
terms...
Most of you should be
able to explain what
links the four terms...
Some of you should be
able to illustrate at
least one of the terms..

2. Overrule
Two different cases:
later overrules the earlier
Example:
R v Shivpuri
overruling
Anderton v Ryan
Example:
R v R
overruling
R v J
How does this come
about?
1. Higher Court overruling the lower
court decision in a previous case:
or
2. Higher Court overruling their own
previous decision.
This can be done by the Supreme
Court using the Practice
Statement
E.g. R v G&R overruling R v
Caldwell
... or the Court of Appeal using the
Young exceptions.
Problems…

3. Reversing
Same case, further up the hierarchy
R v Woollin
CA = uphold conviction for
murder
HL = reverse (manslaughter)
Fitzpatrick v Sterling Housing Ass.
CA = family doesn’t include gay
partners
HL = reverse family can include
gay partners
R v Kingston
CC = D was liable (no defence)
CA = reverse D was not guilty
(defence)
HL = reverse (no defence)
Examples:
Crown or County
Court
Court of
Appeal
Supreme
Court
Magistrates
Court
High Court
Supreme
Court

4. Distinguish
A court decides that the precedent does not need to be followed
This relies on the judge deciding that the are not
.
It can be used by court.
R v Wilson
R v Brown
Merritt v Merritt
Balfour v Balfour
R v Shepherd
R v Sharp

5. CASE:
Joey was asleep in bed when he was woken up by
Lois, his ex-girlfriend. They got into an argument
and Joey pushed Lois down on the bed, sat on top
of her and cut off her ponytail.
She wasn’t bruised, scratched or cut.
Joey is charged with actual bodily harm under s.47
Offences Against the Person Act 1861
The Magistrates ruled that as it was dead tissue, it
was not part of the body and
so acquitted him.
The prosecution appealed to the divisional court,
where you are sitting.
YOU be the judge
You are going to look the precedents and make a legal ruling…
What does the statute say?
It doesn’t help! It only uses the words ‘actual bodily harm’
What about binding cases?
T v DPP in the High Court says that ABH doesn’t have to
cause pain.
D tripped and became unconscious whilst running away
Chan Fook in the Court of Appeal said that bodily includes all
parts of the body, including the brain.
D shouted through the door, and V threw themselves out of the
window, claiming that they were psychiatrically hurt.
Brown in the House of Lords (SC) says that ABH just means
‘more than transient and trifling’.

6. Applying the law
(with a little source of help)
While there are complex rules regarding when courts can avoid
their own past precedent, one aspect of the doctrine of
precedent is quite simple. A court in England or Wales is strictly
bound to follow the decisions of a court of equal to or higher
than it in the hierarchy of the courts, subject to well defined
exceptions.
In the important case of R v Holley (2005), the Privy Council,
hearing an appeal from the court of appeal in Jersey, decided
that the House of Lords was wrong in R v Smith ( Morgan James)
(2000). Smith has been unpopular with both judges and
academics. However, as we know, Holley is at best persuasive
precedent. In fact, the Privy Council had already decided in
previous cases, that where a case before it was in effect bound
be English law, then it should follow it. On this basis the result of
Holley should have been clear; the Privy Council should have
followed Smith.
In a more recent case, R V James and Karimi (2006), the Court of
Appeal (Criminal Division) had to consider whether to apply
Smith or whether it had, in fact, been overruled by the Privy
Council in Holley. The Court of Appeal chose the latter view and
held that, in exceptional circumstances, a decision of the Privy
Council can take precedence over a decision of the House of
Lords. What the Court of Appeal did in James and Karimi was, in
effect, to overrule the precedent of a higher court.
Adapted from, A Level Law Review Vol 2, No1, Chris Turner, Philip
Allan updates
Key points...
Source is there to be used!
Law you will have to apply will be in
source
Always remember:
Critical point – Reason – Example or
Explanation - AORP

7. How confident are you feeling with the
application skills?
Put your initials on the line on the way out...
I have no clue and
do not understand
how to apply the
law in these short
questions.
I understand how to
apply the law and
what is demanded
of me for these
questions.

8. Consolidation
You are going to work
together to produce a
revision aid to the
mechanics of precedent.
You need to include in your
revision section:
Case profile of one key case on the
area
 Clues to at least three other relevant
cases and their importance
 A symbol or diagram relating to your
area
 Clear definition of at least three
terms which are relevant to your area
One joke or pun
One application problem – look at
the back of your handout for help.
All of you must contribute to the
revision aid.
Some of you will be able to include at
least two critical points related to your
area.
Group One:
Ratio and Obiter
Group Two:
Persuasive Precedent
Group Three:
Original Precedent &
General rules of
Precedent
Group Four:
Overruling &
Reversing
Group Five:
Material facts and
distinguishing.

9. Stop and Check:
Can you match the information correctly?

10. Intro: LTS?
Main Subheading Means Examples or origins Further explanation or
information
LTS?
Conc:
Describe original precedent and distinguishing precedent using the Source and other
cases to illustrate your answer

11. Discuss the most appropriate method for avoiding precedent in each of
the following:
Decision Why/because Example/ Evidence AORP
i. The judge in a case believes a potentially binding precedent has been made in error
because it ignored an Act of Parliament.
ii. The case is being heard on Appeal. The appellate court judges believe the first
instance judge decided the case incorrectly
iii. The case is being heard on appeal. The appellate court judges believe that their
own previous decision is wrong and want to change their minds.
Decision Why/because Example/ Evidence AORP
Decision Why/because Example/ Evidence AORP

12. Intro: LTS?
Main Subheading Means Examples or origins Further explanation or
information
LTS?
Conc:
C. Using the source and other cases to illustrate your answer
i. describe persuasive precedent

13. C. Using the source and other cases to illustrate your answer
ii. discuss the advantages and disadvantages of the doctrine of precedent.
Intro: LTS
Main Point Because Illustration...
and
However... Because LTS
Conc:

14. Done your homework?
Put it into the folder and sign
yourself in.
If you have not completed it,
then I want a reason
You have 24 hours to complete
the task and place it on my desk

15. What have the following got to do with the topic we have
been doing?
Look at the following pictures... Link at least one (bonus if you can link all!) to what we
have covered this topic. Think outside the box!