The University of Manchester
1 Contributions by The University of Manchester Experts
PRACTICE NOTES
Precedent at common law
Observance of precedent is a crucial feature of common law adjudication. When a precedent is binding, later courts should, in the ordinary course, follow and respect it. The binding effect operates in two ways:
Vertical stare decisis: Decisions of higher courts must be honoured by courts below. In Cassell & Co Ltd v Broome, the Lord Chancellor underlined that, within this country’s court hierarchy, each lower tier must loyally accept the rulings of the higher tiers. In Willers v Joyce (No 2), Lord Neuberger explained that, in a common law system where judges make the law in some areas and develop it in virtually all, the doctrine of precedent (stare decisis) is fundamental; determinations of law by more senior courts have to be accepted by more junior courts, otherwise the law becomes anarchic and forfeits coherence, clarity and
Public Law
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