Every piece of advice a solicitor gives rests on knowing where the law comes from and which authority a court must obey. English law is not written in one tidy code — it is drawn from Acts of Parliament, the decisions of judges, the principles of equity, human rights law and retained EU law, each with its own place in the hierarchy. Understanding how these fit together, and how judges are bound by earlier decisions, lets you predict how a court will treat a given problem and explain your reasoning with confidence.
What this lesson covers:
- Sources of English Law and the Hierarchy Between Them — the main sources of law, the three meanings of 'common law', and which source prevails when they conflict.
- Common Law and Equitable Remedies — why damages come as of right while equitable remedies are discretionary.
- The Doctrine of Precedent — how stare decisis works, and the difference between the binding ratio and persuasive obiter.
- Binding Effect Court by Court — which courts bind which, and when a court may depart from earlier decisions.
- Avoiding and Changing Precedent — distinguishing, overruling, reversing and the per incuriam exception.
- Persuasive Authority and Limits on Judicial Law-Making — what merely influences a court, and how far judges may develop the law.
- Human Rights and Retained EU Law — how precedent interacts with Strasbourg and retained EU case law.