Young v. Bristol Aeroplane Co Ltd
- Young v. Bristol Aeroplane Co Ltd
"Young v. Bristol Aeroplane Co Ltd" ( [1944] KB 718 CA) was an English court case that established that the Court of Appeal is bound to follow its own decisions and those of courts of co-ordinate jurisdiction, except in the following cases: this is said
#the court is entitled and bound to decide which of two previous conflicting decisions of its own it will follow;
#the court is bound to refuse to follow a decision of its own which cannot stand with a decision of the House of Lords;
#the court is not bound to follow a decision of its own if the decision was given "per incuriam", e.g., where a statute or a rule having statutory effect which would have affected the decision was not brought to the attention of the earlier court.
However, there are a few other possible exceptions that may be worth considering. These are:
#Decisions on interlocutory appeals, for example, decisions taken by a Court of Appeal of only two judges.
#Where the decision from the House of Lords was made on an unwarranted assumption.
#That the decision was made before the "Human Rights Act" 1998, and so may be contrary to it.
References
* " [http://www.justis.com/titles/iclr_s4420113.html Young v. Bristol Aeroplane Co Ltd] "
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