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ACCA Applied Skills · Corporate and Business Law (Global) · Business, political and legal systems

A court of appeal is asked to follow one of its own earlier decisions that is directly relevant to the case before it. The earlier decision is distinguishable from the current case only by an immaterial detail, and the court considers the earlier ruling to be correct law. Which approach best describes what the court will do?

The court will apply the earlier decision. Appellate courts are normally bound by their own previous decisions, departing only in limited cases such as a decision made per incuriam. An immaterial factual difference does not allow the earlier ruling to be distinguished.

  1. AApply the earlier decision, as the court is normally bound by its own previous decisions subject to limited exceptionsCorrect
  2. BDisregard the earlier decision because appellate courts are never bound by themselves
  3. CRefer the matter to a lower court to decide which decision applies
  4. DOverrule the earlier decision automatically because it is old

Explanation

Under a strict doctrine of precedent, an appellate court generally follows its own earlier decisions unless an exception applies, for example the earlier decision was reached per incuriam. Here no exception applies and the earlier ruling is regarded as correct, so it is applied. Option B overstates the court's freedom.

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