Lawyers Nexus

Babar Afzaal
Introduc8on
1. Defini)on of Precedent
2. Discuss the concept of Stare decisis.
3. Highlight the point about which the ques)on is related to. : The ques)on requires the
discussion of the legal concept of precedent including Horizontal precedent – Ver)cal

Paragraph No. 02 (Ra8o Decidendi)

1. Stare decisis
2. Discuss the concept of Ra)o Decidendi
3. Sir Rupert Cross defini)on of Ra)o decidendi
4. Binding effect of Ra)o Decendendi
5. How ra)o decidendi is helpful in making law certain , consistent, and predictable.
6. Discuss the case of Mirehouse vs Rennell .

Paragraph No. 03 (Orbiter Dicta)

1. Define the Orbiter Dicta
2. Views of Lord McCormick with respect to Orbiter Dicta
3. Orbiter Dicta do not have binding effect
4. How Judges have previously considered Orbiter Dicta.
5. Example of Lord Atkins test : Neighbor principle given in the case of Donoghue vs
Stevenson
6. Debate of cases related to Ivey v Gen)ng Casinos (2017) and Hedley Byrne and Co v
Heller and Partners

Paragraph No. 04 (Introduc8on to Horizontal and Ver8cal precedent)

1. Types of Precedent
2. Define Horizontal Precedent and Ver)cal Precedent
3. How types of precedents are relevant for achieving consistency, certainty and flexibility
in law
Paragraph No. 05 : Benefits of precedent
1): Lawyers can advice to li)gants
2): Consistency and certainty can be achieved in law
3): Complicated procedures can be evaded

Paragraph No. 07 : ver8cal Precedent

Supreme Court
1. Supreme Court : SC’s decision bind all lower courts
2. SC is not bound to follow the decision of any other Court as it is the apex court

Court of Appeal
1): Court of Appeal’s decision bind all lower Courts
2): Whether COA is bound to follow the decision of SC? Debate of Lord Denning – He launched a
Compaign – Per incurium Compaign ( Decision based on errors). If the Supreme Courts decision
is based on errors, then COA is not bound to follow the decision of SC. This compaing was
Lawyers Nexus
Babar Afzaal
rejected by SC and declare that COA is bound to follow the decision of SC even though it is a
wrong decision.

Paragraph No. 08 : Horizontal Precedent

Supreme Court
1): Prac8ce Statement 1966 : SC can depart from its own previous decisions where they think it
right to do so.
Court of Appeal
1): Whether COA can depart from its previous decision? No. However, Lord Denning launched a
lapsed Rule Compaign. Compaign was rejected. Finally, COA can not depart from its previous
decision unless excep)ons.

Paragraph No. 09 :
Consistency – Certainty and predictability in law

Paragraph 10 :
Conclusion