The court considered the application of the doctrine of stare decisis when faced with conflicting earlier decisions.
Held: Denning J said that the ‘general rule’ is that: ‘where there are conflicting decisions of courts of co-ordinate jurisdiction, the later decision is to be preferred, if it is reached after full consideration of the earlier decision.’
Judges:
Denning J
Citations:
[1948] 2 KB 153, [1948] 1 All ER 863
Statutes:
War Pensions (Naval Auxiliary Personnel) Scheme 1946, Pensions (Mercantile Marine) Act 1942
Jurisdiction:
England and Wales
Cited by:
Cited – Colchester Estates (Cardiff) v Carlton Industries plc ChD 30-Mar-1984
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 . .
Cited – In re Lambeth Cemetery ConC 28-Jul-2020
Resolution of Conflicts in Court decisions.
The petitioner sought the exhumation of his still born son so that he could be buried alongside his wife who had died several years later.
Held: There had been conflicting decisions as to what amounted to a good and proper reason for an . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 05 April 2022; Ref: scu.655680