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Colchester Estates (Cardiff) v Carlton Industries plc: 1984

References: [1986] Ch 80, [1984] 2 All ER 601
Coram: Justice Nourse
Ratio: If a decision of a court has been reached after full consideration of an earlier decision which went the other way, it should not be open to review on a third occasion when the same point arose for decision.
Nourse J said: ‘There must come a time when a point is normally to be treated as having been settled at first instance. I think that should be when the earlier decision has been fully considered, but not followed, in a later one. Consistently with the modern approach of the judges of this court to an earlier decision of one of their number . . I would make an exception only in the case, which must be rare, where a third judge is convinced that the second was wrong in not following the first.’
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Last Update: 15 March 2019
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