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A firm foundation?

29 July 2016 / Vivien Yip , Stuart Pickford
Issue: 7709 / Categories: Features , Procedure & practice
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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