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Ratio Decidendi – Reversing & Overruling

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 2 years ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
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    Posts
  • April 26, 2020 at 9:15 pm #569311
    hundal445
    Participant
    • Topics: 5
    • Replies: 5
    • ☆

    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
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22828
    • ☆☆☆☆☆

    “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 #569377
    hundal445
    Participant
    • Topics: 5
    • Replies: 5
    • ☆

    Sir, That’s perfect. Thank you very much.

    April 28, 2020 at 8:00 am #569397
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22828
    • ☆☆☆☆☆

    You’re welcome

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