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Young v. Bristol Aeroplane Co Ltd
From Wikipedia, the free encyclopedia
Young v. Bristol Aeroplane Co Ltd ([1944] KB 718 CA) was an English court case that established that the Court of Appeal is bound to follow its own decisions and those of courts of co-ordinate jurisdiction, except in the following cases:
- The court is entitled and bound to decide which of two previous conflicting decisions of its own it will follow;
- the court is bound to refuse to follow a decision of its own which cannot stand with a decision of the House of Lords;
- the court is not bound to follow a decision of its own if the decision was given per incuriam, e.g., where a statute or a rule having statutory effect which would have affected the decision was not brought to the attention of the earlier court.
However, there are a few other possible exceptions that may be worth considering. These are:
- Decisions on interlocutory appeals, for example, decisions taken by a Court of Appeal of only two judges
- Where the decision from the House of Lords was made on an unwarranted assumption.
- That the decision was made before the Human Rights Act, and so may be contrary to it.