Judicial precedent

Judicial precedent

• The source of law where past decisions of judges create law for future judges to follow

• Courts must follow decisions of the courts above

• Appeal courts will usually follow their own previous decisions

Court hierarchy

• Supreme Court (HoL)

• Court of Appeal (Civil & Criminal)

• High court

• County court

• Crown court

• Magistrates court

Practice statement 1966

1. Following precedent is important - creates certainty in law

2. However, following precedent may not always be ideal so can depart from precedent

3. Should not depart from precedent too frequently

4. Only available to HoL

Types of judgement

• Stare decisis

• Ratio decidendi

• Orbiter dicta

Stare decisis

• Stand by what has been decided and do not unsettle the established

• Where the point of law and present case is the same, the court should follow the decision of the previous case - provides consistency and fairness in applying law