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May 13, 2023 · The common law system is distinguished by the doctrine of “stare decisis”, translated from Latin as “stand by what has been decided”, or binding precedent. It is a principle of practice, built up through the common law since its inception in medieval times and is made up from both custom and judge-made law (Lawson, C.M, 1982).
The common law doctrine of precedent is applied by courts to promote predictability and consistency of judicial decision-making. The application of precedents is the main factor in the way the law is applied equally to all.
The doctrine of Judicial Precedent is founded on the principle of ‘stare decisis’, meaning to stand by the decision. Essentially it refers to the idea that once a court makes a decision, both they and other courts beneath them are bound by that decision, except for in certain, limited circumstances. This means that cases which are alike are ...
The doctrine of judicial precedent is the body of rules which form the basis of common law (case Law). It consists of the principles of stare decisis, binding precedent in the form of ratio decidendi, and persuasive precedents including obiter dicta and the hierachy of the courts.
This Practice Note explains the requirements in relation to the list of common ground and issues required in the Commercial Court for a Case management conference (CMC) pursuant to the Commercial Court Guide, paras D5.1–D5.5.
Sep 17, 2024 · The statement of common ground should clearly identify matters that are agreed between the appellant and the LPA. It should then identify matters that are in dispute (uncommon ground).
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Aug 6, 2021 · What ought to be common ground, however, is that the legitimacy of judicial review will not be enhanced by setting Ministers and public authorities up to fail by measuring them against unduly demanding criteria.