3. Now your evidence!
Each picture is a clue to a case...
Can you name them?
Developing your
knowledge further.
Can you identify...
1. The area(s) of
precedent the case
illustrates?
2. At least one other
case it links to?
5. ... Why are they so important?
1944
Young v Bristol Aeroplane
Allowing the CA to overrule itself
1966 Practice Statement
Allowing the SC (HL) to overrule itself
1968 Conway v Rimmer
First use of the practice statement
1972
Herrington v BRB
First use of the practice statement in the civil law
1986
R v Shivpuri
First use of the practice statement
in the criminal law
2008
R v Hoare
Most recent use of the practice statement
8. Basic set up and demands!
Answer one of two questions
Start with C... Then A... Then B
One hour
60 marks/80 UMS marks/40 % of AS Marks
Use the Source (24 marks!)
Add your own knowledge
Plan, read and annotate before writing
Question A&Ci: 15 Marks AO1
Question B 3 x 5 Marks AO2 Grade Boundaries:
Qu. Cii: 15 Marks AO2 Out of 60...
48 A 42 B 36 C 31 D 26 E
9. How important can the source actually be?
If this is the source...
What are the questions?
a.
b.
Ci
Cii
There are 24 marks in the source... Use it!
10. What does a good AO1 answer look like?
Look at the two examples below... One is level four... One is level three?
The Court of Appeal is normally bound by its
Each division of the Court of Appeal doesn’t
own previous decisions, as well as those of
bind each other. This is because they are
the Supreme Court. Although they can
concerned with different things, like in Re:A,
overrule, reverse or distinguish the decision
where because it was a civil case anything
of a lower court, they must follow the
about necessity and murder doesn’t have to
decision of a higher court. This is clear in
be followed by the criminals. According to
their decision in R v G&R. Here, despite
Young These exceptions are where its own
making it clear that they disagreed with the
previous decisions conflict, the Court of
reasoning of the House of Lords in Caldwell
Appeal must decide which to follow and
on the test for recklessness in criminal
which to reject. Secondly, the Court of
damage, they applied the higher court’s
Appeal must follow a later decisions of the
ruling. However, as the source makes clear
House of Lords if its own previous decisions
on lines 7-16, it is able to overrule itself in
conflicts with it. Finally, the Court of Appeal
certain clear circumstances following the
need not follow its own previous decisions if
decision in Young.
it were made per incuriam (in error)
11. What would you answer?
Read the paper and decide which of the precedent
questions you would respond to!
12. What’s the first stage?
Constructive colouring in! Question A information:
Case – Holley & role of PC
Rules governing when can be used.
Using a variety of colours (one Mentions that there are ways to avoid to precedent
per question!) pick out the
relevant information from the Question B information:
sources. General rule on precedent.
Mentions ways to avoid
Remember: there are 24 CA/PC/SC relationship
marks in the source!
Question Ci information:
Example of persuasive
Reference to well defined exceptions
Question Cii information
Response to inconsistencies in the law quicker.
Clear general rule of binding precedent.
Inconsitency.
13. Look at question A*
The Source (at line 8) refers to persuasive precedent.
Using the Source and other cases, describe how persuasive precedent works [15 marks]
Intro: Persuasive precedent is where a court choose to apply a ruling, which otherwise
it wouldn’t have to.
Main:
• Other Countries
• Privy Council
• Holley
• Lower Courts
• Other divisions
Conclusion:
*The same approach works for A as well!
14. Now you have a go!
The Source (at lines 16 and 17) describes how lower courts can avoid past decisions of higher courts
in exceptional circumstances.
Using the Source and other cases, explain how lower courts can avoid the doctrine of precedent [15
marks]
Intro:
“Most candidates answered part (i) by
Main: discussing distinguishing. This varied
from a definition to an analysis of the
concept using appropriate case law.
The more able candidates focused on
other methods of avoiding precedent
using the source to support their
Now... 15 Minutes
to write up...
answer. A significant minority of
candidates answered the question
through a discussion of the Young
Conclusion: criteria or by using the source alone. “
Examiner’s Comment
15. Cii: The Hardest Question on
the paper!
We’re back in the arena of well developed points (only here we call them expanded
developed points)
Guidance from the Examiner:
Responses will be unlikely to achieve level four without four developed points of which one must be
well developed. Well developed point must include a case or example.
Responses will be unlikely to achieve level three without three developed points (one must include a
case to achieve top level 3 or three developed points with a number of limited points to achieve top
level 3); three developed points (no case) will achieve middle level 3; two developed points (no case)
will achieve bottom level 3.
Responses will be unlikely to achieve level two without a range of limited points (no development)
or a single developed point for top level two.
Responses will be unlikely to achieve level one without any basic point(s).
Some use of source only will achieve a maximum of level two.
Straight lift from source would attract no credit.
16. So what should a level four look like?
As the source says on line 2, the courts in England and Wales are “strictly
bound” to follow the decisions of the higher courts. This is an advantage as it
helps to create certainty with everyone knowing what the law is and
therefore able to continue their public and private relations clearly. The
Supreme Court has shown this recently in the case of Grantanio v
Radmacher, where the decision on the validity of prenuptials has helped to
clarify the law in this area. However, because they have to wait for the
Supreme Court to issue a ruling this can create uncertainty especially as the
lower courts might decide something differently, as in this case.
17. Now you have a go!
Down the side are three advantages and disadvantages of giving
the lower courts more freedom. Develop one of them to show
the skills required for a level four cii question!
The CA is the final
appeal court in reality
for many.
The Lower courts have
to follow decisions
they know to be
incorrect.
Could end up with
uncertainty in the law.
18. Ok, so we’re left with B!
A case comes before the House of Lords in 2008. There is a previous Decision:
precedent decided by the House of Lords in 1951. [5 marks]
Reason:
“Responses will be unlikely to achieve
level four without identifying the Example/Illustration:
correct answer plus „why‟ plus any other
relevant point e.g. case/LNK/correct
outcome” AORP
A case comes before the Court of Appeal (Civil Division) in 2008. There
is a previous decision by the House of Lords in 1980. [5 marks]
A case comes before the Court of Appeal (Civil Division). There are
two past conflicting precedents, one from the House of Lords in 1995
and the second from the Privy Council decided in 1999. [5 marks]
