9084 · 1.1.5
Judicial precedent — FAQ
Frequently asked questions for 9084 Judicial precedent. Direct answers first, then deeper explanation — then practise with marking.
Does 'overruling' and 'reversing' mean the same thing?
No, they are distinct legal terms. 'Reversing' occurs within the same case when a higher court overturns the decision of a lower court on appeal. 'Overruling' happens in a different, later case when a senior court decides that the legal principle laid down in an earlier case is wrong and should no longer be followed.
Can the Court of Appeal refuse to follow a Supreme Court decision if it believes it is wrong?
Absolutely not. The doctrine of stare decisis and the court hierarchy are rigid on this point. The Court of Appeal is bound to follow all decisions of the Supreme Court, even if it feels a decision is outdated or was wrongly decided. It can only express its disapproval and hope the case is appealed to the Supreme Court for review.
Is an obiter dictum just a useless comment by a judge?
Not at all. While an obiter dictum is not binding, statements from senior judges (especially in the Supreme Court) are highly persuasive. They often signal the future direction of the law and can be adopted as the ratio decidendi in a later case. Lord Atkin's broad 'neighbour principle' in Donoghue v Stevenson is a classic example of a persuasive obiter statement that became foundational to the law of negligence.