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Status of high court in English legal system regarding binding precedents

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Status of high court in English legal system regarding binding precedents

  • This topic has 4 replies, 2 voices, and was last updated 13 years ago by MikeLittle.
Viewing 5 posts - 1 through 5 (of 5 total)
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  • April 2, 2012 at 5:25 am #52074
    Nasir
    Member
    • Topics: 1
    • Replies: 10
    • ☆

    I have a little bit of confusion regarding the status of high court (English) regarding its binding precedents. LSBF lectures say that high court does not bind county courts and county courts are not bound by high court as both are court of first instance, but BPP study text tells a different story it says high court binds county courts and county court is bound by high court. I checked open tuition notes and they aren’t guiding well and simply saying high court binds all inferior courts.
    Kindly reply.

    April 3, 2012 at 2:27 pm #96025
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    Hi

    It’s a remote area of the syllabus because County Courts are criminal case courts, and criminal law is, as you know, largely outside your syllabus. Obvious exceptions to that comment are matters such as Insider Dealing, Money Laundering, Bribery.

    ( be sure to be on top of Bribery – it’s a good bet for June 2012 exam!

    To answer your specific question, I believe that I am correct in saying that County Courts ARE bound by the High Court decisions – but I may be wrong! Have you checked the area on Google or Wikipedia?

    April 4, 2012 at 5:00 am #96026
    Nasir
    Member
    • Topics: 1
    • Replies: 10
    • ☆

    Thanks mike, but county courts are civil courts and hear small track and most of the fast track cases. Multi track cases are heard at high court. So they both are civil courts of first instance. The LSBF lectures specifically point out that students make this mistake to state that decisions of high court are binding on county courts, but they are not. On the other way BPP is bringing county court under the high court. Its really confusing. this issue is not explained anywhere on wikipedia and I didn’t find any suitable search for that on google. Can anyone else guide me in this regard.

    April 4, 2012 at 5:05 am #96027
    Nasir
    Member
    • Topics: 1
    • Replies: 10
    • ☆

    I think I should go with LSBF’s point of view, because it has got logic. That if both are courts of first instance why should the decision of one be binding on other.

    April 4, 2012 at 3:52 pm #96028
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    Ok, but post again if DO find a definitive answer!

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