In 2010, Mr Justice Jeffries, a High Court judge sitting alone, is deciding a case which has similar material facts to one decided by the Court of Appeal in 1910. He can decline to be bound by this decision by showing that
A、The status of the previous court cannot bind him
B、The decision was taken too long ago to be of any relevance
C、The decision does not accord with the rules of a statute passed in 1975
D、The obiter dicta are obscure
A、The status of the previous court cannot bind him
B、The decision was taken too long ago to be of any relevance
C、The decision does not accord with the rules of a statute passed in 1975
D、The obiter dicta are obscure
【参考答案及解析】
A High Court judge is bound by decisions of the Court of Appeal. However, he can decline to be bound if it conflicts with a principle of law. In this case the 1975 statute has effectively overruled the previous decision.
A High Court judge is bound by decisions of the Court of Appeal. However, he can decline to be bound if it conflicts with a principle of law. In this case the 1975 statute has effectively overruled the previous decision.