Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“We rely on LexisNexis to give us a definitive answer, quickly and reliable every time so that we can be confident in the advice we use to help our clients.”

Shelter

Access all documents on Doctrine of precedent

Doctrine of precedent meaning

What does Doctrine of precedent mean?
The doctrine of precedent (stare decisis) describes how courts decide cases by following earlier judicial decisions on the same point of law. Once a court has determined a legal issue, later courts apply the same rule to materially similar facts, creating binding precedent; statements not essential to the decision (obiter dicta) are persuasive only. The binding element is the ratio decidendi. In England and Wales and Northern Ireland, decisions of the Supreme Court bind all lower courts; the Court of Appeal generally binds itself (with limited criminal exceptions) and lower courts; High Court decisions bind inferior courts. In Scotland, the Supreme Court binds in civil matters; the High Court of Justiciary is final in criminal matters and follows its own prior decisions subject to limited departure. In Ireland, a similar hierarchy applies: Supreme Court and Court of Appeal decisions bind lower courts, and the Supreme Court may depart from its own precedent in exceptional cases. Precedent is managed by distinguishing materially different facts; higher courts may overrule earlier authority; an appellate court may reverse the decision under appeal. Developed in case law rather than statute, the doctrine underpins legal certainty, consistency, and predictable outcomes across UK and Irish jurisdictions.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related News about Doctrine of precedent

NEWS
UK commercial law weekly: Court of Appeal on undisclosed principals; PECR reforms; AI regulation; insurance proceeds in liquidation; HMRC customs updates; UK Internal Market Act review

In this issue: Agency and distribution Consumer protection Contracts Data protection International Supplier management LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Trackers New and updated content Agency and distribution Court of Appeal—undisclosed principal doctrine and agency law (Berge Bulk Shipping Pte Ltd v Taumata Plantation Ltd). On 10 July 2025, the Court of Appeal unanimously rejected an appeal from an order finding that the English court lacked jurisdiction to hear a claim against three New Zealand companies concerning a series of letters of indemnity. The ruling delivers the leading contemporary statement of the rules on undisclosed principals and represents a landmark judgment for agency law more broadly. See News Analysis: Court of Appeal—undisclosed principal doctrine and agency law (Berge Bulk Shipping Pte Ltd v Taumata Plantation Ltd). Consumer protection OPSS research highlights key AI regulatory developments in the UK and worldwide. The Office for Product...

Read More Right Arrow

View the related Practice Notes about Doctrine of precedent

PRACTICE NOTES
2018 investment treaty arbitration: key awards and jurisdictional decisions tracker—ICSID, UNCITRAL, SCC, PCA, ICC (archived)

ARCHIVED: This Practice Note is archived and no longer maintained. For the 2019 tracker, refer to Practice Note: Investment treaty arbitration—2019—key arbitral awards and decisions tracker [Archived]. This Practice Note records details of notable awards and determinations issued by tribunals in investment treaty arbitration matters, chiefly those run by the International Centre for the Settlement of Investment Disputes (ICSID). It also includes pertinent awards and decisions from proceedings under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules and those overseen by other arbitral bodies, including the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the Permanent Court of Arbitration (PCA) and the International Court of Arbitration of the International Chamber of Commerce (ICC). Although investment treaty arbitration has no recognised doctrine of precedent, earlier rulings are frequently invoked by parties and considered by arbitral tribunals in their decisions. This Practice Note features only awards and decisions made public in 2018, though in some instances they may have been issued to the...

Read More Right Arrow
PRACTICE NOTES
UK personal injury and clinical negligence update: key cases, costs, whiplash review, product liability and CPR changes—March 2026

This Practice Note summarises the principal legal updates relevant to personal injury and clinical negligence practitioners as at 2 March 2026, aimed at assisting current practice. For earlier developments, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI & clinical negligence developments Eighteenth edition of the Judicial College Guidelines due The 18th edition of the Judicial College Guidelines (JCG) will be released on 9 April 2026. The Lexis+® UK PI & Clinical Negligence team will refresh the JCG link within our Key Resources on the Lexis+® UK PI & Clinical Negligence homepage, together with all connected materials. Law Society publishes practice note on conduct of litigation following Mazur v Charles Russell Speechlys Following the High Court’s decision in Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB), the Law Society has issued guidance for solicitors, law firms and legal businesses to ensure that only individuals authorised under the Legal Services Act 2007 undertake the conduct of litigation...

Read More Right Arrow
PRACTICE NOTES
Investment treaty arbitration 2022: tracker of key ICSID, UNCITRAL and other institutional awards and jurisdictional decisions (Archived)

This Practice Note monitors significant awards and rulings delivered by tribunals in investment treaty arbitration, chiefly those run by the International Centre for the Settlement of Investment Disputes (ICSID). It also encompasses pertinent awards and decisions arising under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules and proceedings overseen by other institutions, including the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the Permanent Court of Arbitration (PCA) and the International Court of Arbitration of the International Chamber of Commerce (ICC). Determinations of ad hoc Committees in ICSID annulment cases are captured as well. Although investment treaty arbitration has no recognised doctrine of precedent, parties often rely on earlier decisions during their cases and tribunals frequently reference them in their reasoning. This Practice Note is confined to awards and decisions published in 2022, though in some instances they may have been notified to the parties before 2022. The previous tracker is available here: Investment treaty arbitration—2021—key arbitral awards and decisions tracker [Archived]. Note: ...

Read More Right Arrow