IMPORTANCE OF PRECEDENTS

• Date: 06 February 2019

"As far back as 1898 the House of Lords finally agreed to be bound, and decided that it was bound, by its own decisions (see London Street Tramways v. London Country Council (1898) A.C. 375). This has been the position for almost a century until 1966 when it had to qualify its stand by the following statement made by Lord Gardner L.C. on behalf of the House (i.e. on behalf of himself and The Lords of Appeal in Ordinary): - "Their Lordships regard the use of precedent as an indispensable foundation upon which to decide what is the law and its application to individual cases. It proves at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for orderly development of legal rules. Their Lordships nevertheless recognise that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose therefore to modify their present practice and, while treating former decisions of this House as normally binding, to depart from a previous decision when it appears right to do so. In this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts, settlements of property and fiscal arrangements have been entered into and, also the special need for certainty as to the criminal law " see (1966) 3 All E.R. 77. I have no doubt that this Court will, and I do, treat this pronouncement of the House of Lords with...