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.
Ask the Tutor ACCA LW
Ratio Decidendi - Reversing & Overruling
"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?
Sir, That's perfect. Thank you very much.
You're welcome
Sign into reply to this topic.
