Courts & the doctrine of precedent
The courts of England and Wales are arranged in a hierarchy, and the doctrine of precedent (stare decisis) requires courts to follow the reasoning of earlier decisions of courts above them. Understanding which court binds which, and what part of a judgment binds, is central to legal method.
What "Courts & the doctrine of precedent" covers
- Hierarchy runs (broadly): Supreme Court, Court of Appeal, High Court, then Crown Court / county court / magistrates; the Supreme Court binds all courts below it.
- Only the ratio decidendi (the legal reasoning necessary to the decision) is binding; obiter dicta are persuasive only.
- The Court of Appeal is generally bound by its own previous decisions, subject to the exceptions in Young v Bristol Aeroplane (conflicting decisions, decision inconsistent with a later Supreme Court/House of Lords decision, or a decision made per incuriam).
- The Supreme Court can depart from its own previous decisions using the Practice Statement (Judicial Precedent) 1966, though it does so cautiously.
- A court may avoid a binding precedent by distinguishing it on the material facts.
- Persuasive authorities include obiter dicta, decisions of lower courts, dissenting judgments, and decisions of courts in other common law jurisdictions (e.g. the Privy Council).
- Precedent operates alongside statute: legislation prevails over inconsistent case law, and courts interpret statute (see statutory interpretation).
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For courts & the doctrine of precedent, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Treating obiter statements as binding; only the ratio binds.
- Assuming the Court of Appeal can freely depart from its own decisions - it can only within the Young v Bristol Aeroplane exceptions.
- Confusing the Practice Statement (Supreme Court) power with the more limited position of the Court of Appeal.
- Forgetting that Privy Council and foreign decisions are persuasive, not binding.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on courts & the doctrine of precedent.
FAQ
Is courts & the doctrine of precedent tested on SQE1?
Yes — courts & the doctrine of precedent is part of the SQE1 Legal System, Constitutional & EU Law syllabus (FLK1) and can appear in single best answer questions.
How is courts & the doctrine of precedent examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (Doctrine of precedent / stare decisis, Ratio decidendi and obiter dicta) helps.