14 CONSTRUCTION LAW AND THE LEGAL SYSTEM

by their own decisions. The Court of Appeal is bound by its own deci ¬
sions (expressed in Latin as stare decisis). The same generally applies
within a particular division of the High Court including the TCC. Where
a court is bound by a previous decision , it may nevertheless be avoided
if it is possible to “ distinguish” the previous case from the one under
consideration, or to confine its application to the particular facts of that
case. This was done in the well-known case of Junior Books v Veitchi,17
a decision of the House of Lords which was generally considered wrong
but never overruled.
The law as stated by the Supreme Court is generally regarded as fixed
and binding on all other courts in England and Wales (although not neces¬
sarily in Scotland or Northern Ireland which have their own courts and
legal system ). Nevertheless, in 1966, the House of Lords itself decided
that it could depart from its own previous decisions. In the important case
of Murphy v Brentwood DC' * the House of Lords, consisting unusually in
modem times of seven members including the then Lord Chancellor,
decided to depart from the long-established authority of Anns v London
'
Borough of Merton 9 and in doing so effectively reversed two decades of
litigation . The House of Lords took another unprecedented step when it
decided, in 1998, to set aside the decision of a different division of the
House in the Pinochet case.20 These were, however, exceptional events
and, ordinarily, decisions of the House of Lords and now the Supreme
Court are altered only by Statute.

PUBLIC LAW

Public law, sometimes called administrative law, concerns the exer¬

cise of powers and duties by public bodies, usually arising under statute.
In some cases this may give rise to a direct right of action in civil law
against the public body. For example, a claim for damages against a local
authority alleging negligence in the enforcement of Building Regulations
relates to such public law duties or powers. Where statutes do not provide
expressly whether or not an individual who suffers damage may bring an
action under the statute, it is necessary for the courts to decide whether
the statute allows such a claim to be brought. The case of Anns »' London

17 ( 1983 ) A.C. 520.

Is [ 1991 ] I A.C. 398.
( 1978 J A.C. 728.
- .
:0 H v Bow Sin el Stipendiary Magistrate, ex p Pinochet 11999] 2 W.L.R. 272 and sec
Dimes v Grand Junction Canai below.