Case Law

Courts

Court Hierarchy

  • Highest: Supreme Court (House of Lords/HOL) - DECIDE the law

  • Higher Intermediary: Court of Appeal (Civil & Criminal) - APPLY the law

  • Intermediary: High Court & Crown COURT - APPLY the law

  • Lowest: County Court, Magistrates - APPLY the law

Courts & Binding Judgements

  • courts have to following the rulings of courts above them in the hierarchy

  • Supreme Court’s ruling is the most powerful (binds all courts)

  • it can contradict it’s own rulings

Criminal Courts

  • Court of Appeal 

  • Crown Court

  • Magistrates

Civil Courts

  • Court of Appeal

  • High Court

  • County Court/Magistrates

Courts I SHOULD Care About:

  • Supreme Court

  • Courts of Appeal

Why People Appeal

Civil:

  • the judge made an error

  • The damages that were awarded are incorrect 

Criminal:

  • Sentence too high

  • New evidence

  • The judge made an error in explaining the law

The last type of appeal (judge makes error) is crucial because it can answer questions about HOW the law should be applied

Why Cases are Important

Why I Should Care

  • Helps predict the likely outcome for clients (can be used negatively or positively)

  • Helps understand how the law should be applied in the future 

  • STAY FOCUSED: what is the rule that this creates that helps my client

MOST IMPORTANT: understanding the legal precedent of a case

What Matters?

  • FACTS

  • Legal Question

  • Decision on the facts

  • Answer to legal question

Elements of a Case

  • Factual Background: a sentence or 2 summarising key facts

  • Legal Question: what were the appeal courts being asked to decide about the law, e.g. what does danger mean in the context of unlawful manslaughter

  • Outcome for Parties: Bill’s conviction was upheld

  • Answer to Legal Questions: Danger is a risk of physical harm (not necessarily death or physical injury)

Facts of a Case

  • May be RELEVANT when:

  • They are similar OR distinctive from your clients 

Answer to the Legal Question

  • The reason for the decision on the facts = Ratio Decidendi

  • Ratio Decidendi = Reason for the Decision

  • This is the part that forms PRECEDENT

  • This is the part of the decision that we use to advise clients on the likely outcome of their cases

Who Can Set Precedent?

Criminal Precedent

  • Supreme Court

  • Court of Appeal