digplanet beta 1: Athena
Share digplanet:

Agriculture

Applied sciences

Arts

Belief

Business

Chronology

Culture

Education

Environment

Geography

Health

History

Humanities

Language

Law

Life

Mathematics

Nature

People

Politics

Science

Society

Technology

The Practice Statement [1966] 3 All ER 77[1] was a statement made in the House of Lords by Lord Gardiner LC on July 26, 1966 on behalf of himself and the Lords of Appeal in ordinary, that they would depart from precedent in the Lords in order to achieve justice.

Background[edit]

Until 1966, the House of Lords in the United Kingdom was bound to follow all of its previous decisions under the principle of stare decisis, even if this created "injustice" and "unduly restrict(s) the proper development of the law" (London Tramways Co. v London County Council [1898] AC 375). The Practice Statement 1966 is authority for the House of Lords to depart from their previous decisions. It does not affect the precedential value of cases in lower courts; all other courts that recognise the Supreme Court(formerly the House of Lords)as the [court of last resort] are still bound by Supreme Court decisions. Before this, the only way a binding precedent could be avoided was to create new legislation on the matter.

Content[edit]

This is the text of the Practice Statement:

Their Lordships regard the use of precedent as an indispensable foundation upon which to decide what is the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for orderly development of legal rules.

Their Lordships nevertheless recognise that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose therefore, to modify their present practice and, while treating former decisions of this house as normally binding, to depart from a previous decision when it appears right to do so.

In this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts, settlement of property, and fiscal arrangements have been entered into and also the especial need for certainty as to the criminal law.

This announcement is not intended to affect the use of precedent elsewhere than in this House.

Lord Gardiner's statement in the House of Lords, July 26, 1966.

See also[edit]

Notes[edit]

  1. ^ See also [1966] 1 WLR 1234; [1966] 2 Lloyd's Rep. 151; (1986) 83 Cr. App. R. 191 (Note); (1966) 110 S.J. 584

Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Practice_Statement — Please support Wikipedia.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.
775796 videos foundNext > 

An Introduction to the ITIL best practice statement library

An Introduction to the ITIL best practice statement library, a complimentary component provided to subscribers of the SMBOK service.

Introduction to the USMBOK best practice statement library

This tutorial provides a detailed introduction to the USMBOK best practice statement library.

Best Ways to Practice Your Presentation, Speech, Opening Statement, Closing Argument, etc.

Marsha Hunter of Johnson & Hunter Inc. and frequent NITA faculty member goes into great detail on how to best practice your upcoming speaking engagement. Law...

CPA FAR: Income Statement Items (Exam Practice) - Berkeley Middle East

Berkeley Middle East Inc. USA offering Berkeley CPA Video Series which are classroom recordings of our live lectures. We have several options to train you in...

Algorithms - Practice - 03 - Approaching Problem Statement

Link to Content: https://www.dropbox.com/s/rp2b5l53ebfzzz9/Algorithms_Practice_03_Tackle_a_Problem_Problem_Statement.txt Content: Introduction Full Picture &...

CMA Part-2: Basic Financial Statement Analysis (Exam Practice) - Dr. Musa Shaikh

Berkeley Middle East Inc. USA offering Berkeley CMA Video Series which are classroom recordings of our live lectures. We have several options to train you in...

QMF Best Practice: QMF 11 Classic...Multiple statement query and Query confirmation prompting

QMF version 11 allows multiple SELECT and COMMIT statements in a query object. This video demonstrates this enhancement and shows you how to set it up. How t...

The Income Statement, in practice!

This video illustrates the potential mistakes that could be done while preparing an income statement, and how these mistakes could be corrected. For more vid...

Accessibility as professional practice: access statement

Attending to access during our presentation at Computers & Writing 2013, Frostburg, Maryland.

Writing a Thesis Statement Practice

In this video I take you through developing a thesis statement while previewing the organization for your essay. Basic five paragraph essay stuff!

775796 videos foundNext > 

7 news items

 
Interactive Investor
Tue, 22 Jul 2014 08:00:00 -0700

The Practice Statement Letter gives notice that the Company intends to apply to the High Court of England and Wales at a court hearing to be held on 29 July 2014 for an order granting the Company certain directions in relation to Scheme of Arrangement ...
 
Reuters
Tue, 22 Jul 2014 00:07:30 -0700

This is marked by issuance of a practice statement letter today. * Further, as part of its contingency planning, company has agreed a proposed alternative restructuring plan. * Continues its constructive discussions with eca lenders and will provide an ...
 
Interactive Investor
Mon, 21 Jul 2014 23:45:00 -0700

The Practice Statement Letter gives notice that the Company intends to apply to the High Court of England and Wales at a court hearing to be held on 29 July 2014 for an order granting the Company certain directions in relation to Scheme of Arrangement ...
 
GP online
Thu, 03 Jul 2014 03:07:30 -0700

The latest practice statement arrives electronically and once I have sorted out the password for the umpteenth time I try to marry this up with outstanding money. Now assured that the cash flow will see us through another day, my staff log informs me ...

Practice Business

Practice Business
Mon, 30 Jun 2014 08:00:00 -0700

With demand for GP appointments at record levels, a well-managed appointment system can help to ensure complaints are kept to a minimum, the MDU says. During the year to March 2013, there were nearly 5,000 written complaints about practice ...
 
Newcastle Herald
Tue, 01 Jul 2014 05:32:46 -0700

Cr Pauling said recording meetings should be allowed ''from a civil libertarian point of view''. A Department of Local Government meeting-practice statement said councillors acting within their official capacity at council meetings ''have a defence of ...
 
Wall Street Journal
Thu, 26 Jun 2014 17:22:30 -0700

The Company has now issued a practice statement letter proposing to apply to the courts to schedule a meeting of all Lenders to approve the Scheme of Arrangement. The Company's application is expected to be heard by the High Court of Justice in London ...
Loading

Oops, we seem to be having trouble contacting Twitter

Talk About Practice Statement

You can talk about Practice Statement with people all over the world in our discussions.

Support Wikipedia

A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia. Please add your support for Wikipedia!