English Legal System
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A judge could avoid using a precedent because he or she found the ratio too obscure or the previous decision was per incuriam i.e. by mistake and without all the facts.
Reversing occurs where a court higher up in the hierarchy overturns the decision of a lower court on appeal in the same case. The House of Lords has since 1966 indicated that it is actually prepared not follow its previous decisions if they feel that injustice will occur or there will be unreasonable restriction of the development of the law. The Court of Appeal will be bound by its own previous decisions as well as those by the House of Lords, but there are two main exceptions to this rule. The court will choose which decision to follow if there are two conflicting decisions and will not follow one of its own decisions if it is inconsistent with a deci ...
