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Are the High Court and The Supreme Court bound by their previous decisions?

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Are the High Court and The Supreme Court bound by their previous decisions?

  • This topic has 3 replies, 2 voices, and was last updated 6 months ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
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  • July 25, 2022 at 3:26 am #661763
    daphneacca
    Member
    • Topics: 2
    • Replies: 1
    • ☆

    I’m using both the Kaplan & BPP Corporate Law textbooks as well as the Opentuition notes, and I keep seeing conflicting things on whether The High Court is bound by itself and if the Supreme Court is bound by itself.

    It’s clear that the Court of Appeal is bound by itself and that the European Court of Justice is not bound by itself but there’s confusion around The High Court & The Supreme Court.

    July 25, 2022 at 6:34 am #661771
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22713
    • ☆☆☆☆☆

    High Court? No confusion there! It IS bound by its own previous decisions

    Supreme Court? Used to be bound but then, relatively recently, decided that it shouldn’t be bound. However, I believe that I’m correct in this, it IS required to make decisions that are not incompatible with European law even though the UK is no longer part of the European Union

    OK?

    July 25, 2022 at 1:16 pm #661800
    daphneacca
    Member
    • Topics: 2
    • Replies: 1
    • ☆

    OK, so to confirm: The High Court is bound by its previous decisions and the Supreme Court is not.

    July 25, 2022 at 5:34 pm #661832
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22713
    • ☆☆☆☆☆

    Confirmed 🙂

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