ACCA - F4 Corporate and Business Law (English): Study Text by BPP Learning Media

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Sample text

8 Persuasive precedents 6/09 Apart from binding precedents, reported conclusions of any court may be treated as persuasive precedents. Persuasive precedents may be, but need not be, followed in a later case. A court of higher status is not only free to disregard the verdict of a court of lower status, it may also deprive it of authority and expressly overrule it. Remember that this does not reverse the previous decision. Overruling a judgement does not affect its outcome. Point to note Where an earlier decision was made by a lower court, the judges can overrule that earlier verdict if they disagree with the lower court's statement of the law.

Criminal appeals are made direct to the Supreme Court for the United Kingdom where the case has reached the High Court on appeal from a Magistrates' Court or from the Crown Court. 5 Personnel The High Court is staffed by High Court (puisne) judges. 8 The Court of Appeal Key terms 6/10 A court of first instance is the court where the case is originally heard in full. The appeal court is the court to which an appeal is made against the ruling or the sentence. If the appeal court finds in favour of the appellant the original decision is reversed ie the result is changed, but the law is not.

If a statute deprives a person of his property, say by nationalisation, he is to be compensated for its value. A statute is not intended to deprive a person of his liberty. If it does so, clear words must be used. This is relevant in legislation covering, for example, mental health and immigration. A statute does not have retrospective effect to a date earlier than its becoming law. A statute does not bind the Crown. In certain areas, the Crown's potential liability is great and this is therefore an extremely important presumption.

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