Lexis®Library update: Lord Reed has highlighted that following precedent is a way of ensuring that the law is predictable in the UK.
Lord Reed has also listed three instances where the UK Supreme Court has displayed a willingness to depart from precedent. These include cases where the court has overturned domestic precedent to prioritise jurisprudence of the European Court of Human Rights (ECtHR); where it was clear to the court that the law has taken a wrong turn and legislative reform cannot address this; and lastly, where it has become clear that departing from precedent is consistent with needs, expectations and values of society.
Source: Lord Reed of Allermuir Departing from Precedent: The Experience of the UK Supreme Court
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 15 February 2023 and is published with permission. Further information can be found at: www.lexisnexis.co.uk.
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