ICAEW BL · Chapter 1 · Question 6 of 8
The Court of Appeal (Civil Division) is normally bound by its own previous decisions. Which of the following is NOT a recognised exception allowing it to depart from one of its earlier decisions?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: B) The court now considers the earlier decision wrong because social and commercial attitudes have changed
Explanation
Under Young v Bristol Aeroplane Co, the Court of Appeal may depart from its own earlier decision in only three cases. These are conflicting earlier decisions, inconsistency with a later decision of the highest court, and a decision made per incuriam. Unlike the Supreme Court, it has no general power to overrule itself because it thinks an earlier decision was wrong or out of date.
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