Explain how the doctrine of judicial precedent binds the Court of Appeal

The Court of Appeal is bound by the doctrine of judicial precedent, as all courts in England and Wales are bound. Due to its position in the hierarchy of English courts, the decisions from the Court of Appeal are considered to be of significant importance and the ratio decidendi of cases heard in the Court of Appeal set precedent and are binding on all courts below it. As it falls below the Supreme Court (previously the House of Lords) in the hierarchy of courts, the Court of Appeal is bound by the ratio of Supreme Court decisions, which sets the highest precedent in the jurisdiction.
Court of Appeal decisions do not bind the Court of Appeal. If the Court of Appeal has already judged on a similar matter in a previous case, and there is no Supreme Court precedent, the Court of Appeal may choose to follow the precedent it set in the previous case, or it may choose to develop the law in that area by deciding differently and creating a new precedent, or an exception to its previous decision.

Answered by Chloe H. Law tutor

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