Judicial Precedent

Question 1

What is judicial precedent?

Answer 1

The aircraft of law where past decisions create law for future judges to follow.

Question 2

1. Binding precedent

Answer 2

Where the judge in the later case must apply the reason from an earlier case even if they don’t agree with it, shown in R v Brown and R v Blaue.

Question 3

2. Original precedent

Answer 3

The first time a judge has made a decision in that particular area of law, no previous decisions but they can compare them to others, shown in Hunter v Canary Wharf.

Question 4

3. Persuasive

Answer 4

1. Not binding because court is lover in the hierarchy, R v R
2. Decisions of judicial committee of privy council, not binding because court not part of English hierarchy, Wagon Mound
3. Obiter dicta statements, not binding because not the ratio, R v Brown, R v Wilson
4. Dissenting judgement, not binding because not the major decision Candler v Cave Christmas
5. Decisions of court in other country, not binding because not in the hierarchy R v Bentham
6. Decisions of ECHR, not binding because not in the hierarchy.