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Question: “The court of appeal’s case law as to when it may depart from its own precedents is in disarray.” Discuss.

Answer: To analyse the disarray in the case-law of the Court of Appeal (CA), important decisions such as Young v Bristol Aeroplane Co Ltd , Davis and Johnson , Farrell v Alexander , Tiverton Estates Ltd. v Wearwell Ltd , and Gallie v Lee should be addressed. The different dicta in these raised important issues such as whether the rule that this court is bound by its own precedent set out in Young is a rule of law or a practice statement and how following the rule affects the certainty of the law. Lord Denning, a strong advocate against the rule, has argued that CA is not to follow its precedent to the point that it conflicts a fundamental principle of law: that of doing the right thing. This essay will argue that the case-law is in fact in disarray, which comes as a result of lack of agreement ......(short extract)

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Details: - Mark: 64% | Course: English Legal System | Year: 1st | Words: 1598 | References: Yes | Date written: March, 2017 | Date submitted: November 27, 2017 | Coursework ID: 1038

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