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Hierarchy of the Courts – ACCA Corporate and Business Law (LW) (ENG)

VIVA

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  3. Hello Mike. Thanks for the lectures.

    You say that when the C of A gets leapfrogged, and the SC rules in favour of the appellant the ratio is overruled not reversed. Why is that since the case is not different from what was heard in the High Court?

    • Well, yes, it is! The precedent set by the C of A was in a previous case. Now, today, we have a different case brought where the C of A is bound by its earlier decision in a case (sometimes) from years earlier

      This MUST be the situation – C of A is bound by its own precedence established many years previous so no point in appealing to the C of A because the High Court was also bound by the earlier C of A case precedent

      This really should be asked in the Ask ACCA Tutor forum! It was just very fortunate that I spotted it in the recent posts section

      OK?

      • Thank you Mike. I understand it better now. I’d ask a follow-up question in the Ask the Tutor forum to confirm my understanding. Thanks again.

    • This is my answer dated February 19th, 2019 to a similar question

      “I’m sure that I answered this question 2days ago!

      The lecture and the notes are showing the same point but from different perspectives

      The notes say that the C of A IS bound by itself, unless …

      … and the notes give 3 situations where the C of A is not bound by its previous decisions

      The lecture says that the C of A is NOT bound by itself where those three situations exist

      It’s a matter of the direction from which one approaches the matter … it’s safe to say that the C of A is (sometimes) bound by its previous decisions and is (sometimes) not bound by those previous decisions

      It depends!”

      OK?

  5. Apologies but watching this I seem to have you saying the European Courts remain above the UKSC. But the following is from the UKSC website.
    First, the UK courts, including the Supreme Court, are not bound by decisions of the Court of Justice of the European Union made after 11pm on 31 December 2020. The UK courts, including the Supreme Court, may have regard to the Luxembourg Court’s decisions if relevant, but they are not generally obliged to follow them.

    So is this something this lecture needs to amend?

    • Hi Keith

      Thanks for the question. You’re absolutely right in your observation that the UK will no longer be subject to the authoritarian rules of Johnny Foreigner and that, since 1 January, 2021 we are yet again free to regulate our own affairs. However, we may take into account the decisions of European Courts as being persuasive on our own judiciary

      Does it need a new lecture? Almost certainly not! In fact, am I right in that I seem to remember saying within the lecture that the post-Brexit decision was still to be resolved? Well, now it has been

      And may whatever Supreme Being that you may believe in have every sympathy for the Brexiteers that are now faced with the current administration.

      Yes, the British Courts are certainly free from the dominant influence of the European legal structure but I genuinely don’t feel that a re-recording is justified

      OK?

  6. hiii MR. the lecture was easy i feel more confidence after i see ur video. i have some fundumental questions.
    1.what is binding on and bound by expression represent?
    2.how we can say not bound itself even by it self?
    3.what does it mean to say point of law and matter of fact

  7. hello Sir

    what do you mean by bindig? Coud you explain it, please? as i understood by bound you mean that they should stick to the previous cases and not to change?

    Thanks in advance!

    • Olivia, it’s a free choice. As you may imagine, English law is heavily orientated towards the … law in England whereas Global law is a more general appreciation of international trade, rules and regulations

      The only major element that students need to consider when making their choice is whether or not it is their intention / hope / aspiration to live in the UK and obtain a practicing certificate

      If that is their ambition, that certificate will be issued only to those qualified ACCAs that have passed the English law variant (also the UK tax paper and the UK advanced auditing paper)

      If there is nowhere in your mind that you might possibly foresee yourself as a practicing accountant / auditor in the UK, then your selection is based purely on what you would like to know. Do you want the intricacies (and, in my opinion, the sheer fun!) of English contract law or would you prefer a more general understanding of the impact of the United Nations on international law

      Subject to any local requirements, success in English law is just one more step to the ACCA qualification and that, in itself, is substantially recognised throughout the World (local requirements such as having to pass USA Law and Tax papers in order to practice in the USA)

      But equally, success in the Global variant of the law paper is also recognised … subject to local requirements … like having to pass the English law variant and the UK tax paper!

      If it were me that was facing this decision, I would opt for the English variant but there’s a strong personal influence there in that I am English!

      I’m not sure that that has helped but I believe that it answers your question

      • Hi Sir

        I am in the UK right now and assuming I will be for the next 5-6 years, however I have aspirations to work and practice internationally. I have chosen to study the English variant but I would assume that I would have to also do the Global variant at some point should I wish to practice internationally in the future?

        Thanks in advance

      • Hi Mike,
        I enjoy watching your videos but wouldn’t it benefit for the viewers if you kept your political opinions to yourself please? If I wanted personal and political opinions from lecturers then I would’ve gone to university and ended up a male feminist. Thanks.

  10. Hello Sir.
    For the upcoming exams, can we assume that the supreme court is the highest in the hierarchy post brexit?
    Also, are county court and crown court on the same level below the high court in the hierarchy?
    Thank you.

    • I really am not sure about the position post Brexit. However, given that the UK population has mindlessly voted to leave the only viable opposition to the Trump and his bleach Covid cure, it would seem to me that we can realistically assume that the Supreme Court is the final authority in matters of UK law

      OK?

      • Thank you Sir. Also, are county court and crown court on the same level below the high court in the hierarchy?

      • Yes, but with completely different areas of jurisdiction

        The one is concerned with civil matters whereas the other is involved with criminal cases

        OK?

    • The supreme Court is the new title of the previous title for the highest Court in the UK. It used to be called ‘The House of Lords’ … but that cause confusion with the upper chamber in the Houses of Parliament – the House of Lords

      So the title of the highest Court was changed to The Supreme Court

      OK?

    • I’m sure that I answered this question 2days ago!

      The lecture and the notes are showing the same point but from different perspectives

      The notes say that the C of A IS bound by itself, unless …

      … and the notes give 3 situations where the C of A is not bound by its previous decisions

      The lecture says that the C of A is NOT bound by itself where those three situations exist

      It’s a matter of the direction from which one approaches the matter … it’s safe to say that the C of A is (sometimes) bound by its previous decisions and is (sometimes) not bound by those previous decisions

      It depends!

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