Does the Court of Appeal Bind Itself?

Abstract

This chapter discusses the way the doctrine of precedent operates in the Court of Appeal. The primary concern is to identify the extent to which the court binds itself, but some cases also raise the question of how, if at all, the principles governing this question at this level in the judicial hierarchy differ from those which operate in House of Lords, and whether they should do so. As with the House of Lords, the distinction between civil and criminal cases is sometimes said to be relevant, so this chapter proceeds on the basis of that classification.