Precedent and Stare Decisis in English Law

Introduction

The doctrine of precedent (or stare decisis — to stand by things decided) is the foundation of the common law system. Under the doctrine, courts are bound to follow the decisions of higher courts in the same hierarchy and generally follow their own previous decisions. The doctrine provides certainty, consistency, and predictability in the law, while allowing for incremental development through distinguishing and overruling.

The Court Hierarchy and Binding Precedent

The UK court hierarchy determines which decisions are binding on which courts. The Supreme Court sits at the apex of the hierarchy, and its decisions are binding on all lower courts. The Court of Appeal is bound by the Supreme Court and binds the High Court and lower courts. The High Court binds the County Court and magistrates’ courts.

Ratio Decidendi and Obiter Dictum

The ratio decidendi (the reason for the decision) is the legal principle that forms the basis of the decision and is binding on lower courts. The obiter dictum (a thing said by the way) is a statement made by the court that is not part of the ratio and is not binding, though it may be persuasive.

The Practice Statement 1966

In 1966, the Lord Chancellor issued a Practice Statement enabling the House of Lords (now the Supreme Court) to depart from its own previous decisions where it appears right to do so.