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  7. Unit 1 LAW01 - Law Making and the Legal System

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Tribunals

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  • October 10, 2020
  • 3
  • 2017/2018
  • Lecture notes
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Judicial precedent continued…

Types of precedent –

Precedent Type Information Examples



Original The law created by a Airedale NHS v Bland
case that is different (1993)
from other cases, a
completely new area of Mcloughlin v O’Brien
law that has never (1983)
been decided on.

Binding A precedent from an R v G and another
earlier case that must (2003)
be followed when
material facts are the R v Dudley and Stevens
same, even if the judge
doesn’t agree, it is
decided by a
senior/superior court or
even a court at the
same level.

Persuasive Precedent which is not R v R (1992)
binding it can be
followed or it can R v Howe (1992)
influence the outcome (applied in R v Gotts
of a case. There are 5 1992)
sources -
Dissenting .US v Kirby (applied in
judgement case of Re s)
Decisions by the
Privy Council Hedley Byrne V Heller
Courts lower in the (1964)
hierarchy
Statements made by Lynch v DPP for
obiter dicta northern Ireland (1975)
Decisions form other
countries Jersey V Holley (2005)

Wagon Mound (1961)

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