Ratio decidendi
Decision -Binding element of an earlier case
Judge is not bound by earlier precedent when
Material case differences
Precedent conflicts with later passed law
Earlier rule was made ‘Per Incuriam’
Per Incuriam
Lack of due regard
Order of appeals
First Tier Tribunal
Upper Tribunal
Court of appeal
Supreme Court
Leap frog appeal
Skip court of appeal
When can a leap frog appeal be done
For speed, i.e client has limited life span, RARE
The supreme court only hears appeals on matters of
Public interest
A Judge will take a number of factors into account in deciding whether to treat a precedent as persuasive, such as..
The seniority of the court who made the decision and The standing of the judge who made the decision
Examples of persuasive precedent
Obiter Dicta
Ratio Decidendi of lower courts
Minority judgements
Obiter Dicta
Statements made in passing
Precedent
Stare decisis
