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English legal system
Supreme Court – binds all lower courts. From 1966 does not bind
itself.
Court of Appeal – binds all lower courts and itself in civil cases
unless earlier decision overruled or is inconsistent with European
law.
High Court – not bound by its own decisions, but strong persuasive
authority.
The 1966 Practice Statement was made on behalf of himself and the House of Lords
(now the Supreme Court) by Lord Gardiner. Lord Gardiner proposed that they could
depart from a previous decision if it appeared right to do so. This would allow the law
to develop in line with changes in society.
Although there have been a number of cases where the House of Lords (now the
Supreme Court) has overruled or amended its own earlier decisions, it is also
reluctant to exercise these powers too frequently.
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