When can the Court of Appeal decide not to follow a decision made by the House of Lords/Supreme Court?
A) When the House of Lords'/Supreme Court decision was made per incuriam.
B) When cessante ratione legis, cessat ipsa lex.
C) When the House of Lords'/Supreme Court decision is clearly wrong, and both the reasoning and the decision should be departed from.
D) Never.
E) When the rules set out by the 1966 Practice Statement apply.

Question

Quizplus · Accepted Answer

The Court of Appeal is bound by the decisions of the House of Lords/Supreme Court and cannot choose to disregard them. Only the House of Lords/Supreme Court can depart from its own previous decisions, typically using the 1966 Practice Statement.

When Can the Court of Appeal Decide Not to Follow