Teacher Resource 8- Court hierarchy (answers)
Use this diagram of the court hierarchy to create an overview of the law making powers of the courts. This diagram can then be used for revision and as a simple reminder of the law making powers of the courts.
Encourage the learners to add as much information as possible so that the diagram remains clear but is also detailed.
Supreme Court - the Supreme Court binds all of the courts below. It can depart from its own previous decisions using the Practice Statement 1966 when ‘it appears right to do so’.
The Lord Chancellor (Lord Gardiner) said: ‘Their lordships nevertheless recognise that the rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose, therefore, to modify their present practice and while treating former decisions of this House as normally binding, to depart from a previous decision when it appears right to do so.’
Version 11© OCR 2017
Law making
Court of Appeal – Bound by the decisions of the Supreme Court. Bind the courts below. Bound by its own decisions but with three exceptions:
1. Where there are two previous Court of Appeal decisions that conflict - they decide which to reject and which to follow. This occurred in Tiverton Estates Ltd v Wearwell Ltd (1974). The Court of Appeal decided to follow one of their older decisions regarding the law of property rather than their most recent decision in this area of law.
2. Where there is a conflicting House of Lords decision - the Court of Appeal must follow this and reject its past decision. In Family Housing Association v Jones (1990), the Court of Appeal did not follow one of its previous decisions as they were concerned that they conflicted with a more recent House of Lords decision.
3. The previous decision was made per incuriam (carelessly or by mistake). In Rickards v Rickards (1989) the Court of Appeal refused to follow one of its previous decisions because they believed they had ‘misunderstood’ an earlier House of Lords decision. Lord Donaldson said that the use of the ‘per incuriam’ exception should only be in ‘rare and exceptional cases’.
High Court – Bound by the decision of the courts above. Binds the courts below. The divisional High Court is bound by its own decisions and the High Court ordinary is bound by the decisions of the divisional High Court.
Inferior Courts (Crown Court, County Court and Magistrates’ Court) - The inferior courts are trial courts and do not make law. They apply the law that has been made by the superior courts
Version 11© OCR 2017
Law making