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22/08/2022
Question 1: Consider the following scenarios. Please note that the cases presented are fictitious.
Scenario 1:The Court of Appeal (Civil Division) is giving its judgment in Express Washers v Dry Cleaning Express. The court decide that they will not follow their previous decision in Washing Laundry v Cleanaway, a case decided in 1988. The courts reasoning is that it had misunderstood and wrongly applied the House of Lords decision in the case of Washing & Co v Cleaning Co, a case decided in 1986.
Scenario 2:The Court of Appeal (Civil Division) is hearing the fictional case of Gough v Heaton. The court has referred to a previous decision of the House of Lords, Templeton v Grainger, which was decided in 2003, and the Court of Appeal case of Highfield v Sooty, which was decided in 2001. The Highfield case conflicts with the decision in Templeton. The Court decide to follow the precedent set in Highfield.
Scenario 3:The Court of Appeal (Civil Division) is hearing the case of Gravity v Petroleum Ltd. The court has referred to two previous decisions, including Maxwell v Highton, which was decided in 2011, and Moloney v Caprell, which was decided in 2012. They are both decisions of the Court of Appeal (Civil Division) but the decisions conflict. The court decides to follow the earlier case of Maxwell v Highton.
Explain whether the court has proceeded in the correct way in each of the scenarios with reference to the rules of judicial precedent.
Question 1:Unit 6 is relevant to this question. This question concerns how precedent works within the Court of Appeal (Civil Division). You should address all parts of the question when writing your answer. You should carefully consider any statute law, case law or any other sources you have read in your module materials when answering this question. You should write your answers as short answer questions therefore, you do not need to include an introduction to your answer as you would for an essay. All cases presented are fictional.
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