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Discuss the argument for giving greater freedom to court of appeal to depart from past precedence.

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Introduction

Discuss the argument for giving greater freedom to court of appeal to depart from past precedence. There are many arguments for and against greater freedom, which is given to the court of appeal to depart from past precedence. The Court of Appeal is bound by the decisions, which are made by the House of Lords and also the European court of justice and that basically they must follow or accept the decisions, which have previously been made and apply them to the relevant cases. The European court of justice is the most significant as its decisions are the most crucial as they bind all of the courts to act according to decisions which are made by them. ...read more.

Middle

However, where there had been decision made by the House of Lords which overrules a court of appeal decision the court of appeal must follow the decision of the House of Lords. Finally, for the reason that it was generally felt that the decision was a mistake and that it was carelessly made because a relevant act of parliament or other regulation had not been considered by the court. These three different exceptions provided the court of appeal with greater freedom effectively, but this has lead to many criticisms as well as responses suggesting that it's a good thing that the court of appeal have been offered some leeway to make significant decisions. The strengths of being given greater freedom would be that firstly very little amount of cases actually reach the House of Lords and therefore they ...read more.

Conclusion

face injustice if they appeal to the court of appeal and are given a conviction or claim that they must pay because of past precedence. This could be more significant if the issue is related to criminal law as opposed to civil law as it could lead to a firmer 'penalty'. So in relation to the argument that the house of lords hears cases on a rare basis it may lead to the conclusion that until a significant case is presented injustice may be done. So the fact that the court of appeal can go against past precedence and change the law when necessary such as where it is felt that the previous decision was a mistake or carelessly made because an act of court or regulations had not been considered properly for example. Nadia Ullah Lyn Davis ...read more.

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