ACCA F4 - Corp and Business Law (ENG)

Part A Essential elements of the legal system  2: Sources of law 21

1.6 Status of the court

Not every decision made in every court is binding as a judicial precedent. The court's status has a

significant effect on whether its decisions are binding, persuasive or disregarded.

Court Bound by Decisions binding on

Magistrates' Court  High Court

 The Court of Appeal

 Supreme Court

 European Court of Justice

 No one

 Not even itself

County Court  High Court

 The Court of Appeal

 Supreme Court

 European Court of Justice

 No one

 Not even itself

Crown Court  High Court (QBD)

 The Court of Appeal

 Supreme Court

 European Court of Justice

 No one

 However, its decisions are

reported more widely and are

more authoritative

The High Court

consists of divisions:

 Queen's Bench

 Chancery

 Family

 Judge sitting alone

• The Divisional Court


• The Court of Appeal


• Supreme Court


• European Court of Justice

 Judge sitting alone

• Magistrates' Court


• County Court


• Crown Court

 Judges sitting together

• Any Divisional Court


• The Court of Appeal


• Supreme Court


• European Court of Justice

 Judges sitting together

• Magistrates' Court


• County Court


• Crown Court


• Divisional Courts
  The Court of Appeal  Own decisions
   Supreme Court (subject to an
  exception below)
   European Court of Justice

 All inferior English courts

 Itself (subject to the exception)

Supreme Court  Itself (except in exceptional cases)

 European Court of Justice

 All English Courts

 Itself (except in exceptional cases)

The European Court of

Justice

 No one

 Not even itself

 All English Courts

1.7 Court of Appeal exception

In Young v Bristol Aeroplane Co 1944, it was decided that the civil division of the Court of Appeal is

usually bound by its own decisions and those of what was the House of Lords, and which is now the

Supreme Court, unless:

 Two of its previous decisions conflict, when it must decide which to follow

 The previous decision conflicts with a subsequent Supreme Court decision

 The previous decision was made with a lack of care in relation to either a relevant precedent or

statute (per incuriam)

Exam focus It is important to learn the operation of the court hierarchy and how courts are bound.
point