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29 July 2016 / Vivien Yip , Stuart Pickford
Issue: 7709 / Categories: Features , Procedure & practice
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A firm foundation?

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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)

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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