header-logo header-logo

A firm foundation?

29 July 2016 / Vivien Yip , Stuart Pickford
Issue: 7709 / Categories: Features , Procedure & practice
printer mail-detail
nlj_7709_pickford

Is the doctrine of precedent the “unwavering” foundation of common law ask Stuart Pickford & Vivien Yip

The doctrine of precedent is one of the first principles we learn in law school. It was described by the House of Lords in Practice Statement (Judicial Precedent) [1966] WLR 1234 in the following terms: “An indispensible foundation upon which to decide what is the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for orderly development of legal rules.”

It is therefore hardly surprising that arguments regarding whether or not the court is bound by existing authority can play a critical part in the success of a case. This article looks at decisions this year which have raised novel points regarding the doctrine of precedent, starting with the Supreme Court’s recent decision in Willers v Joyce & Anor (as executors of Albert Gubay (deceased)) (No 2) [2016] UKSC 44, [2016] All ER (D) 98 (Jul)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll