You are completing a work placement at your local MP’s (Member of Parliament) office.
The MP, Simon Cross, is part of a committee which is reviewing the doctrine of
precedent. Mr Cross has read the following extract:
“In my opinion, this House should take this occasion to reaffirm expressly, unequivocably
and unanimously, that the rule laid down in the Bristol Aeroplane case as to stare decisis
is still binding on the Court of Appeal.” Per Lord Diplock in Davis v Johnson [1979] A.C.
264, 328; [1978] 1 All ER 1132, 1139-40.
Mr Cross has asked you to prepare an information report covering the following
information:
1. Explain the hierarchical structure of the courts and why we have it.
2. Explain the rule in Young v Bristol Areophane Co Ltd [1944] 2 All ER 293.
This section should include details of the authority which permits the Supreme
Court to depart from previous decisions.
3. Explain what justification, if any, there is for denying any general power to the
Court of Appeal to depart from its own previous decision