Legal System of England and Wales
A negligence case is being heard on appeal in the Court of Appeal.
The lower court found that a fish pond was negligently installed in the claimant's garden and found the installer liable based on a certain statute. Two years ago, the Court of Appeal heard a case under the same statute but the case involved negligent construction of a garden building. In that case, the Court of Appeal found that the installer did come within the statute.
In what circumstances can the Court of Appeal depart from its earlier decision?
A negligence case is being heard on appeal in the Court of Appeal.
The lower court found that a fish pond was negligently installed in the claimant's garden and found the installer liable based on a certain statute. Two years ago, the Court of Appeal heard a case under the same statute but the case involved negligent construction of a garden building. In that case, the Court of Appeal found that the installer did come within the statute.
In what circumstances can the Court of Appeal depart from its earlier decision?
The Court of Appeal has generous discretion to depart from its own decisions in criminal cases but rarely in civil cases, and it cannot depart from a Supreme Court decision under any circumstance.
(A) The Court of Appeal is bound by its own decisions in civil cases, but there are exceptions to this rule. In criminal cases, the Court of Appeal has a generous discretion to depart from one of its own decisions where it is convinced that the case was wrongly decided. Decisions of the Supreme Court, however, must be followed.
For these reasons, the other options are incorrect.
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