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court of appeal

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › court of appeal

  • This topic has 1 reply, 2 voices, and was last updated 8 years ago by MikeLittle.
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  • Author
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  • June 6, 2017 at 9:07 am #390803
    iloveaccountancy
    Member
    • Topics: 119
    • Replies: 111
    • ☆☆☆

    Hello Mike,

    for the Court of Appeal, the notes state that it is:

    “Bound by ECJ, SC and itself …….. ……..unless
    Two similar decisions conflict – must then decide which to follow Earlier decision conflicts with a later SC decision
    Earlier decision made per incuriam”

    just to clarify, these exceptions apply to its own decisions and not those of the higher courts, right?

    thank you.

    June 6, 2017 at 1:05 pm #390850
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    No – if it is able to distinguish the current case from the previous case, then it can avoid the previous “precedent”

    Appeal to the Supreme Court would then resolve the matter

    OK?

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