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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.


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.


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]


  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.
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17 news items

Missouri Lawyers Media (subscription)
Wed, 26 Mar 2014 14:33:45 -0700

Appellate Practice : Statement Of Facts – Inadequate Brief. By: Stephanie Maniscalco March 26, 2014. The Executive Board of the Missouri Baptist Convention v. Windermere Baptist Conference Center, Inc. (MLW No. 66200/Case No. SD32699/SD32735 – 23 ...
Cancer Network
Fri, 28 Mar 2014 06:07:30 -0700

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Lexology (registration)
Thu, 10 Apr 2014 08:00:00 -0700

On 17 January 2014, the UK Panel on Takeovers and Mergers (the "Panel") published Practice Statement number 27 confirming what directors of target companies can and cannot undertake to do in their capacities as shareholders in respect of takeover bids.

MedPage Today

MedPage Today
Wed, 02 Apr 2014 11:48:01 -0700

All women with newly diagnosed epithelial ovarian cancer should consider genetic testing and counseling, even if they do not have a family history of the disease, according to a clinical practice statement from the Society of Gynecologic Oncology (SGO).
Linex Legal (press release) (registration)
Wed, 16 Apr 2014 05:11:15 -0700

The practice statement applies to both private and public ancillary funds, with some exceptions for funds operating under transitional rules. The penalty regime. The Private Ancillary Fund Guidelines 2009 and Public Ancillary Fund Guidelines 2011 ...
Mondaq News Alerts (registration)
Fri, 21 Mar 2014 12:07:30 -0700

The issue of piercing the corporate veil has recently come under the spotlight. However, the recent cases have sometimes been decided in a way that is not entirely consistent and this has caused uncertainty. They can have important application both for ...
Linex Legal (press release) (registration)
Mon, 07 Apr 2014 18:16:12 -0700

... PLC (“Orion” ) and The London and Overseas Insurance Company Limited (“L&O”) (collectively, the “Insurers”), issued a Practice Statement Letter (“PSL”) stating that they intend to propose an amending scheme of arrangement (the “Amending Scheme”).
Sun, 30 Mar 2014 19:58:30 -0700

という疑問も生じるでしょう。インターネットの世界では、「ルート認証局(root CA)」が存在します。ルート認証局は、認証業務運用規程(Certification Practice. Statement)の公開が必要となり、第三者認証機関の厳正な監査基準による審査等をクリアした認証局のみが「ルート認証 ...

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