Doctrine of Precedent in UK Law

  • Broome v Cassell & Company Ltd
    • House of Lords
    • 23 Febrero 1972
    ... ... questions include the status of judgments and the relevance of precedent in this House, the circumstances when, if at all, decisions of this House ... clearly affirms the continued adherence of this House to the doctrine of precedent as it has been hitherto applied to and in the Court of ... ...
  • National Westminster Bank Plc v Spectrum Plus Ltd and Others
    • House of Lords
    • 30 Junio 2005
    ... ... Further, because of the doctrine of precedent the same would be true of everyone else whose case thereafter ... ...
  • Tinsley v Milligan
    • House of Lords
    • 24 Junio 1993
    ... ... whether such a development could take place consistently with the doctrine of precedent as applied in the Court of Appeal; or (3) whether the ... ...
  • Kleinwort Benson Ltd v Lincoln City Council
    • House of Lords
    • 29 Octubre 1998
    ... ... for us now to castigate our legal ancestors for adopting a doctrine which was widely understood in their time to achieve practical justice ... not only that he must act within the confines of the doctrine of precedent, but that the change so made must be seen as a development, usually a very ... ...
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • Court of Appeal (Civil Division)
    • 14 Octubre 2002
    ... ... by Mr Reeder's submissions is whether there subsists a separate doctrine of common mistake founded in equity which enables the court to intervene ... whether the contract itself, by express or implied condition precedent or otherwise, provides who bears the risk of the relevant mistake. It is ... ...
  • Kay v Lambeth City Council; Leeds City Council v Price
    • House of Lords
    • 08 Marzo 2006
    ... ... issue, on the extent to which, if at all, our domestic rules of precedent are, or should be, modified to give effect to our obligations under the ... 's approach, favoured a (strictly circumscribed) relaxation of the doctrine of precedent in the circumstances of the Leeds appeal. He proposed that a ... ...
  • Myers v DPP
    • House of Lords
    • 17 Junio 1964
    ... ... The most powerful argument of those who support the strict doctrine of precedent is that if it is relaxed judges will be tempted to encroach ... ...
  • Fothergill v Monarch Airlines Ltd
    • House of Lords
    • 10 Julio 1980
    ... ... travaux préparatoires ), the commentaries of learned authors ( doctrine ), or the decisions of foreign courts ( jurisprudence ). I accept that ... peculiar to English written law; and will have relied heavily on precedent in his use of words and grammatical constructions and general layout used ... ...
  • F. Hoffmann-LA Roche & Company A.G. and Others v Secretary of State for Trade and Industry
    • House of Lords
    • 03 Julio 1974
    ... ... It would, however, be inconsistent with the doctrine of ultra vires as it has been developed in English law as a means of ... in which it was made, the application of the doctrine of precedent has the consequence of enabling the benefit of it to accrue to all other ... ...
  • R v Governor of Brockhill Prison, ex parte Evans (No. 2)
    • House of Lords
    • 27 Julio 2000
    ... ... I express no view on the merits of introducing a doctrine of prospective overruling. Nor do I think that this case is necessarily ... good faith on a view of the law which appears to be settled by precedent but which subsequently turns out to have been wrong ... 15 The primary ... ...
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