Lord MacDermott CJ discussed the doctrine of stare decisis: ‘Heretofore this Court has accepted and respected the doctrine, and as matters stand, I see no reason why, with one possible reservation, we should change the position even if, as a court, we were free to do so. The reservation I would make refers to cases-such as the present-where there is no appeal from this Court to the House of Lords. In such a case where the ratio of the earlier decision (1) cannot be found with certainty, or (2) is plainly wrong and it would be unjust or unfair to act upon it, I consider that this Court should then be at liberty to disregard the earlier decision and to reach an independent conclusion’
Judges:
Lord MacDermott CJ
Citations:
Unreported, 18 March 1969
Jurisdiction:
England and Wales
Litigation Practice
Updated: 23 November 2022; Ref: scu.244803