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