Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Ratio Decidendi – Reversing & Overruling
- This topic has 3 replies, 2 voices, and was last updated 4 years ago by MikeLittle.
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- April 26, 2020 at 9:15 pm #569311
Hi Sir,
I am struggling to comprehend the difference between ‘Reversing and Overruling’, I saw you explained overruling in the comments already, but I was wondering what makes it distinct to reversing when both decisions are altered by the higher court because judges think the existing precedent by the lower court is not a right precedent..? I am actually lost between the same case and diff case, please help me out.
Thanks.April 27, 2020 at 7:49 am #569321“I am actually lost between the same case and diff case, please help me out”
Case A in High Court, judge says ‘Yes’. Decision is appealed to Court of Appeal and Appeal Court says ‘No, earlier decision is wrong’. That’s REVERSING
Case C in Court of Appeal, some time after Case B was decided in High Court. Judges in Case C in Court of Appeal are looking at judge’s ruling in Case B and decide that High Court judge in Case B has got it wrong so they don’t follow the High Court judge’s decision.
That’s OVERRULING
OK now?
April 27, 2020 at 9:07 pm #569377Sir, That’s perfect. Thank you very much.
April 28, 2020 at 8:00 am #569397You’re welcome
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