''Young v. Bristol Aeroplane Co Ltd'' (
944KB 718 CA) was an
English court case that established that the
Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
is bound to follow its own decisions and those of courts of co-ordinate jurisdiction, except in the following cases:
#the court is entitled and bound to decide which of two previous conflicting decisions of its own it will follow;
#the court is bound to refuse to follow a decision of its own which cannot stand with a decision of the
House of Lords;
#the court is not bound to follow a decision of its own if the decision was given ''
per incuriam'', e.g., where a statute or a rule having statutory effect which would have affected the decision was not brought to the attention of the earlier court.
There are a few other possible exceptions that may be worth considering. These are:
#Decisions on
interlocutory appeals,
for example, decisions taken by a Court of Appeal of only two judges.
#Where the decision from the House of Lords was made on an unwarranted assumption.
#That the decision was made before the
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
, and so may be contrary to it. (see ''Culnane v Morris & Anor''–a case concerning qualified privilege–overruling ''Plummer v Chairman''; ''Miller v Bull''–which concerned a time extension to comply with the formalities under the Election Petition Rules 1960–which overruled ''Ahmed v Kennedy''. The latter case, though heard after the HRA 1998 came into effect, had failed to consider whether the Human Rights Act had been breached.)
The decision of the Court of Appeal in ''R v James and Karimi''
006
Alec Trevelyan (006) is a fictional character and the main antagonist in the 1995 James Bond film ''GoldenEye'', the first film to feature actor Pierce Brosnan as Bond. Trevelyan is portrayed by actor Sean Bean. The likeness of Bean as Alec T ...
EWCA Crim 14 may also have future implications regarding precedent and Privy Council decisions; the Court of Appeal deciding to follow the Privy Council ruling in ''Attorney-General for Jersey v Holley''
005
''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of a ...
as opposed to the contentious House of Lords decision in ''R v Smith (Morgan James)''
001 001, O01, or OO1 may refer to:
*1 (number), a number, a numeral
*001, fictional British agent, see 00 Agent
*001, former emergency telephone number for the Norwegian fire brigade (until 1986)
*AM-RB 001, the code-name for the Aston Martin Valkyrie ...
in a case concerning defendant characteristics and provocation under s.3 of the
Homicide Act 1957.
References
{{Reflist
*
Young v. Bristol Aeroplane Co Ltd'
1944 in England
Court of Appeal (England and Wales) cases
1944 in case law
1944 in British law