Law-Contract

ACKNOWLEDGEMENT

I would like to express my heartiest gratitude to my lecturer Mr.Mukunda whose motivation and guidance from day one until the completion date of the assignment which helped me develop a better understanding of the subject.

Lastly I would like convey my regards to everyone who was helpful to me during the stage of completing my assignment.

Mishalee Samlasegran

QUESTION 1

Briefly explain with the aid of the doctrine of judicial binding predecent with reference to the hierarchy of UK courts.

(20 marks)

1 )The doctrine of judicial binding precedent refers to the sequel in which judges follow cases decided previously in its other name known as stare decisis pronounced as “stary” or “staray” a Latin form for the decision stand is the core of the English law system. This system is put into practise as per when a case is brought forward to the attention of courts the case will be referred on whether it has been brought into attention of any of the courts previously. Therefore, if the particular case was set decision by the judicial power in the hierarchy or equally statused to the new deciding court the case should follow the rule or decision set previously as that is how the whole hierarchy system works in the binding precedent manner. (Abott, Pendlebury and Wardman, 2007)

Looking into the hierarchy of the UK courts, The House Of Lords stands as the highest of all the courts system followed by all the decisions binded courts in the hierarchical manner. Although House of Lords is bounded to all the previous decisions made in 1966, Lord Gardiner L.C., pointed out the fact that the House of Lords is in the right to amend its previous decisions in critical cases. A few cases on where this has been practised are in the Milliangos v G.Frank (1976) and Conway v Rimmer (1968). (Abott, Pendlebury and Wardman, 2007)

The Court Of Appeal is divided into two divisions known as the Civil Division and the Criminal Division....