Chapter 5 End-of-chapter questions

* not completed

Richard's appeal against a finding of liability for breach of contract is dismissed by the Court of Appeal. However, he is given permission to appeal by the UK Supreme Court. At the hearing, in the course of argument, the barrister representing Richard suggests to the Justices that a recent UK Supreme Court precedent may need to be overruled. Which of the following precisely describes when the UKSC will overturn its own past precedent?

When it appears right to do so. correct incorrect

When it appears that there is a risk of an unfair result on particular claimants. correct incorrect

When it appears that Government has expressed dissatisfaction with the state of the law. correct incorrect

When it appears that there is conflicting decision of the Judicial Committee of the Privy Council. correct incorrect

* not completed

Sachin is a barrister and he is currently writing a legal opinion for a dispute concerning commercial insurance. The dispute is in the UK's jurisdiction between two companies incorporated in England. During his research, he locates a helpful case from the Judicial Committee of the Privy Council (JCPC). However, he is unsure how authoritative precedents from this Court are for the opinion he is currently writing. Which of the following best describes the authority of the JCPC decision?

The JCPC is always persuasive precedent but no more than that. correct incorrect

The JCPC is always binding precedent as judges in the JCPC also sit on the bench of the UK Supreme Court. correct incorrect

The JCPC is always persuasive precedent and may even be binding precedent if the case declared that it was declaring the law as representing that of England and Wales. correct incorrect

The JCPC is neither binding nor persuasive precedent. correct incorrect

* not completed

Anna is bringing a case against her employer for unfair dismissal. The case reaches the Court of Appeal on a point of law. She loses her appeal as the Court of Appeal finds she was not unfairly dismissed. However, she is given permission to appeal to the UK Supreme Court. In the UK Supreme Court she wins the case and the UKSC finds that she was unfairly dismissed. The UK Supreme Court however, approved of the Court's treatment of the point of law but simply decided the case in favour of Anna on other grounds that came to light. What term best describes the UKSC's treatment of the Court of Appeal case?

Reversed correct incorrect

Distinguished correct incorrect

Overruled correct incorrect

Rejected correct incorrect

* not completed

Carla is a barrister and is in the Court of Appeal (Civil Division) making a submission on a point of law concerning the law on property and restrictive covenants. She needs to argue that a previous Court of Appeal precedent should not be followed. She is unable to distinguish the case adequately and thus must argue that the Court of Appeal, exceptionally, should overrule this past precedent. Which of the following is NOT a ground that she can argue

The previous precedent was made per incuriam i.e. in legal error correct incorrect

That following the precious precedent would conflict with a Supreme Court/ House of Lord decision. correct incorrect

That there is another Court of Appeal precedent that conflicts with the one she is arguing should be departed from. correct incorrect

That following the previous precedent would risk serious unfairness and a potential loss of liberty to her client correct incorrect

* not completed

Lady Justice Patel is a Court of Appeal Judge. She is currently writing a judgment on a case she heard earlier in the year concerning the law on occupier's liability in Tort. She is finding in favour of one party by clarifying the legal position between the parties. However, at the end of the judgment she speculates about what the legal position would have been if the parties in the case had acted differently. What term accurately describes this section of the judgment?

Per Incuriam correct incorrect

Stare Decisis correct incorrect

Ratio Decidendi correct incorrect

Obiter dicta correct incorrect