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technical rule if Per Incuriam has been stated then the decision made
by that particular court cannot be binding. This could be as the
court neglected to consider all possible information such as suitable
statutes and case authorities before making their decision. The Per
Incuriam statement has to be great enough to cause a significant
change to the outcome of that particular case; because of this courts
are reluctant to state Per Incuriam as a fear of causing disrespect to
the Judge who came to the original decision.
Hierarchy of the Courts
European Court of Justice (ECJ): sits in Luxembourg any decisions made
by the ECJ are binding on courts but like the HL it is not binding on
itself even though some previous decisions may determine decisions
made in the future. It is also binding on all of the English courts
including the HL although it has no influence within the English Legal
system.
European Court of Human Rights (ECHR): sits in Strasbourg and was
created in 1959 but only put into practice in 1998, since the Human
Right Act 1998 decisions by the ECHR have been amplified and even
though the decisions may not strictly be binding they may be seen as
highly persuasive. Thalidomide case Attorney-General V Times
newspaper Ltd (1972)
The House of Lords (HL): The President of the HL is The Lord
Chancellor, the HL is binding on all courts in the English Legal
system and like the ECJ it is not binding on itself. The HL is a
superior court and deals with the more significant and complicated
cases. It is the highest court in the United Kingdom and can only be
overruled by either a statute or by the rebuttal of the house to
follow them in later cases. It is the final appeal court for cases in
England, Wales, Northern Ireland and Scotland. London Tramways Co.
Ltd V London County Council (1898)
The Court of Appeal (CA): There are two divisions in the CA they are,
the Civil Division and the Criminal Division both of these are bound
by decisions made by the HL and by decisions of their own. The CA is
the first appeal court if a further appeal is required the case then
progresses onto the HL. Family Housing Association V Jones (1990)
The High Court: consists of the Queens Bench Division (QBD), the
Chancery Division and the Family Division. Each of the three
divisions has further divisional courts they are Divisional Court of
Queens Bench which hears appeals on points of law on cases stated by
magistrates and the Crown Court (Dennis Keenan, 1998, page 36)
Divisional Court of the Chancery Division which hears appeals in
bankruptcy cases from courts outside London, Bankruptcy Court of the