PUBLIC LAW - SQE STUDYNOTES
ACCOMPANIED BY EXPECTED EXAM
QUESTIONS AND CORRECT ANSWERS
Stare decisis
Let the decision stand; decisions are based on
precedents from previous cases
Ratio decidendi
The reason for the decision - this is what binds other
courts
Obiter dictum
A statement not necessary to reach a decision in the case
- highly persuasive and influential.
Supreme Court - rules of precedent
binds all inferior courts - but MAY depart from its own
decisions.
Court of Appeal - rules of precedent
Binds all inferior courts and itself; although subject
to Young V Bristol Aeroplane exceptions.
Young V Bristol Aeroplane exceptions - rules of
precedent
Effects CoA.
Court is generally intent on maintaining its own precedents
but has three exceptions:
1. If CA came to previously conflicting decisons -
todays CA can select the one to follow
,2. If the CA's own previous decision has been
overruled expressly or impliedly by SC or HoL it need
not be followed
3. If the CA's decision was made per incuriam
Per incuriam - rules of precedent
Only applies where previous court was not aware of a
relevant authority which would have been binding on the
court and that ignorance led to faulty reasoning by the
court
The high court - binding precedent
Binds all inferior courts.
Does not bind itself - will only depart from its own
decisions where CONVINCED it was wrong
The upper tribunal - rules of precedent
Binds the First Tier Tribunal, inferior courts and itself
The first tier tribunal - rules of precedent
Does not bind other courts but may be persuasive
Family Court - rules of precedent
Does not bind other courts
County court - rules of precedent
Does not bind other courts
Crown Court
Does not bind other courts
Magistrates' Court
Does not bind other courts
Equitable Remedies
- Specific performance
- Injunction
- Declaration
- Rescission
- Rectification
,NONE ARE AVAILABLE AS A RIGHT - DISCRETIONARY
IN NATURE
Specific Performance
a contract remedy by which the court requires the
breaching party to perform the contract
Only available when:
1. There is a valid and enforceable contract
2. Damages would not be an adequate remedy
Injunction
An order that requires a party to legal proceeings either:
1. to do something (mandatory injunction)
2. refrain from doing something (prohibitory injunction)
Only awarded when damages would not adequately
compensate the claimant.
An injunction can be awarded unconditionally or subject to
such terms and conditions as the court thinks fit.
Declaration
A declaration is a legally binding statement by a court
about any of the following:
• The legal rights of the parties.
• The existence of facts.
• A principle of law.
Rescission
Rescission is the setting aside of a contract.
Available at both common law and in equity.
, Rescission is granted at the court's discretion, and may be
available where a contract has been concluded as a result
of:
• Misrepresentation - where a party has been induced to
enter a contract by a false representation of fact.
• Mistake - where the contract does not correctly reflect
the intentions of one or both parties.
• Duress or undue influence - where a party to the
contract was put under unlawful pressure to enter into it.
Rescission is only available where the parties can be put
back to their pre-contractual position.
Rectification
Corrects a document to reflect the parties' contractual
intention
Primary Legislation
an Act or statute created by parliament - AoP recieve royal
assent before becoming law
Secondary Legislation
Law created by ministers or other bodies under powers
prescribed to them by a parent AoP.
Used to fill the gaps in primary legislation
Different types of AoP
1. public
2. private
Public Acts
relate to matters of general public concern - debated in
both houses of parliament; make up the largest part of
parliamantary legislative output
Private Acts
relates to particular places or people - usually stem from
proposal by large organisation i.e. a local authority.
ACCOMPANIED BY EXPECTED EXAM
QUESTIONS AND CORRECT ANSWERS
Stare decisis
Let the decision stand; decisions are based on
precedents from previous cases
Ratio decidendi
The reason for the decision - this is what binds other
courts
Obiter dictum
A statement not necessary to reach a decision in the case
- highly persuasive and influential.
Supreme Court - rules of precedent
binds all inferior courts - but MAY depart from its own
decisions.
Court of Appeal - rules of precedent
Binds all inferior courts and itself; although subject
to Young V Bristol Aeroplane exceptions.
Young V Bristol Aeroplane exceptions - rules of
precedent
Effects CoA.
Court is generally intent on maintaining its own precedents
but has three exceptions:
1. If CA came to previously conflicting decisons -
todays CA can select the one to follow
,2. If the CA's own previous decision has been
overruled expressly or impliedly by SC or HoL it need
not be followed
3. If the CA's decision was made per incuriam
Per incuriam - rules of precedent
Only applies where previous court was not aware of a
relevant authority which would have been binding on the
court and that ignorance led to faulty reasoning by the
court
The high court - binding precedent
Binds all inferior courts.
Does not bind itself - will only depart from its own
decisions where CONVINCED it was wrong
The upper tribunal - rules of precedent
Binds the First Tier Tribunal, inferior courts and itself
The first tier tribunal - rules of precedent
Does not bind other courts but may be persuasive
Family Court - rules of precedent
Does not bind other courts
County court - rules of precedent
Does not bind other courts
Crown Court
Does not bind other courts
Magistrates' Court
Does not bind other courts
Equitable Remedies
- Specific performance
- Injunction
- Declaration
- Rescission
- Rectification
,NONE ARE AVAILABLE AS A RIGHT - DISCRETIONARY
IN NATURE
Specific Performance
a contract remedy by which the court requires the
breaching party to perform the contract
Only available when:
1. There is a valid and enforceable contract
2. Damages would not be an adequate remedy
Injunction
An order that requires a party to legal proceeings either:
1. to do something (mandatory injunction)
2. refrain from doing something (prohibitory injunction)
Only awarded when damages would not adequately
compensate the claimant.
An injunction can be awarded unconditionally or subject to
such terms and conditions as the court thinks fit.
Declaration
A declaration is a legally binding statement by a court
about any of the following:
• The legal rights of the parties.
• The existence of facts.
• A principle of law.
Rescission
Rescission is the setting aside of a contract.
Available at both common law and in equity.
, Rescission is granted at the court's discretion, and may be
available where a contract has been concluded as a result
of:
• Misrepresentation - where a party has been induced to
enter a contract by a false representation of fact.
• Mistake - where the contract does not correctly reflect
the intentions of one or both parties.
• Duress or undue influence - where a party to the
contract was put under unlawful pressure to enter into it.
Rescission is only available where the parties can be put
back to their pre-contractual position.
Rectification
Corrects a document to reflect the parties' contractual
intention
Primary Legislation
an Act or statute created by parliament - AoP recieve royal
assent before becoming law
Secondary Legislation
Law created by ministers or other bodies under powers
prescribed to them by a parent AoP.
Used to fill the gaps in primary legislation
Different types of AoP
1. public
2. private
Public Acts
relate to matters of general public concern - debated in
both houses of parliament; make up the largest part of
parliamantary legislative output
Private Acts
relates to particular places or people - usually stem from
proposal by large organisation i.e. a local authority.
