Court of Appeal

The Court of Appeal must follow decisions of the House of Lords. In turn the decisions of the Court of Appeal are binding on all courts inferior to itself. The Court of Appeal's decisions also bind itself except in the following limited circumstances:

·         Where there are 2 conflicting decisions it may choose which to follow.

·         Where the earlier decision conflicts with a later House of Lords decision, it must follow the House of Lords decision.

·         Where the earlier decision was arrived at per incuriam, i.e. where decisions (or authorities) were not referred to or considered when that earlier decision was made.

In addition, the criminal division of the Court of Appeal need not follow its own earlier decision if that would result in injustice to appellant.