JUDICIAL
PRECEDENT: FORD
UNIT ONE SECTION A
, FOLLOW oVERULING REVERSING
Normally judges will follow an Where a court in a later case states Where a court higher up in the
earlier precedent as it ensures a legal rule decided in an earlier hierarchy overturns the decision of
consistency, certainty and fairness case is wrong. This can be done a lower court on appeal in the same
in court decisions. where: case. This allows for decisions to
be changed in a controlled way and
A court higher in the hierarchy
However there may be occasions a a degree of certainty remains
overrules a decision made by a
precedent leads to unjust or unfair
lower court GILLICK v WEST NORFOLK &
results; “awkward precedent”
WISBECH AREA HEALTH
SC can overrule its own previous AUTHORITY (1985) “the Gillick
Judges may wish to avoid following
decision using the 1966 Practice case” the HC decided the case
an awkward precedent to produce a
statement against the claimant, who appealed
fair result, particularly when a
to the CA who reversed the
precedent had been made several
CA can overrule its own previous decision, only for the Health
decades previously and is now out
decision by using the exceptions in authority to appeal to the HL who
of date
the Young Case reversed the decision again
There are a number of methods SWEET v PARSLEY (1970) D was
The original precedent is altered but
judges can use; some are convicted in the MC, her conviction
the decision in the case remains the
applicable to all courts and some was upheld in the Divisional court
same
are unique to the CA/SC QBD and later reversed by the HL
PRECEDENT: FORD
UNIT ONE SECTION A
, FOLLOW oVERULING REVERSING
Normally judges will follow an Where a court in a later case states Where a court higher up in the
earlier precedent as it ensures a legal rule decided in an earlier hierarchy overturns the decision of
consistency, certainty and fairness case is wrong. This can be done a lower court on appeal in the same
in court decisions. where: case. This allows for decisions to
be changed in a controlled way and
A court higher in the hierarchy
However there may be occasions a a degree of certainty remains
overrules a decision made by a
precedent leads to unjust or unfair
lower court GILLICK v WEST NORFOLK &
results; “awkward precedent”
WISBECH AREA HEALTH
SC can overrule its own previous AUTHORITY (1985) “the Gillick
Judges may wish to avoid following
decision using the 1966 Practice case” the HC decided the case
an awkward precedent to produce a
statement against the claimant, who appealed
fair result, particularly when a
to the CA who reversed the
precedent had been made several
CA can overrule its own previous decision, only for the Health
decades previously and is now out
decision by using the exceptions in authority to appeal to the HL who
of date
the Young Case reversed the decision again
There are a number of methods SWEET v PARSLEY (1970) D was
The original precedent is altered but
judges can use; some are convicted in the MC, her conviction
the decision in the case remains the
applicable to all courts and some was upheld in the Divisional court
same
are unique to the CA/SC QBD and later reversed by the HL
