The Judicial Precedent

The Judicial Precedent

1. Court of Appeal

   • Young v Bristol (1944) allows 3 exception for the CA to avoid its own previous decisions
     • 1) Where the previous decision conflicts with a later HL decision, then the CA must follow the HL decision.
     • 2) Where there are 2 conflicting previous CA decisions then the CA must choose which one to reject.
     • 3) If the previous decision was made per incuriam then it will lose its binding force.