Avoiding Precedent

Question 1

Reverse

Answer 1

A court higher up is hearing the appeal and overturns the decision of a lower court in the same case, shown in Sweet v Parsley.

Question 2

Overrule

Answer 2

Lower court decides the law in an earlier case is wrongly decided, either a bigger court can decide that the lower court is incorrect or the practice statement is used in the supreme. Shown in Pepper v Hart where hol overruled or Davis v Johnson using Hansard.

Question 3

Distinguish

Answer 3

If a judge can find enough differences between material facts in their case and the one that they have to follow, they can set the old one aside and create a new precedent for new facts, shown in Balfour v Balfour.