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Thank you very much. This is highly appreciated, I was muddled with this question but now I understand.
I do not have the answer and it is from an ACCA practice test and have accordingly informed ACCA of this error. They will reply in two working days.
It means that all English Courts are bound by the ratio decidendi (the reason for the decision) of the European Court of Justice. The ratio decidendi of the case is binding as per the doctrine of stare decisis but the ratio decidendi could be avoided if the facts of the case can be distinguished, if the ratio decidendi is too obscure, too wide, made per incuriam, made by an inferior court (the ratio decidendi of a case from the Higher Court does not bind the Supreme Court, since the higher court is an inferior court) , goes against a general principle in law, or goes against the European law. To summarise, the English courts are ‘compelled’ to follow the ‘reason for the decision’ of a similar case adjudicated by the European Court of Justice unless, for the reasons aforementioned, the ratio decidendi is not appropriate and thus not binding. (The English courts are not ‘compelled’ to follow ‘the reason for the decision’ to a similar case.)
