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Page1 White Book 2011 Section 12 - CPR: Application, Amendments and step reading G. Construction and Interpretation of Rules 11. - Doctrine of case in point and restrictions on address (a) Doctrine of precedent Annotation 12-54 Only the outlines of the precedent rules need to be explained here. The Court of challenge regards itself as organism bound by its own previous stopping points. For an description of the per incuriam exception to this rule, see Desnousse v Newham London BC [2006] EWCA Civ 547 ; [2006] Q.B. 831 , CA, at paras 70 to 77 per Lloyd L.J. This unselfish ordinance applies as strictly to decisions on procedural justness as to substantive truth. It withal applies equally to decisions of two-judge and three-judge courts made on an appeal (as distinct from an performance for permission to appeal) (Langley v northbound West Water permission [1991] 1 W.L.R. 697 , CA, at p.697 per overlord Donaldson M.R.; see also arm v Union horseshit Removals Ltd [1998 ] 1 W.L.R. 1354 , CA, at para.34). (The side may have been differently in the days when the office of work between two-judge and three-judge courts was situated by whether there was a need for former(a) than apprize argument or the point was of tokenish importance other than to the immediate parties; see Welsh using Agency v Redpath Dorman Long [1994] 1 W.L.R.

1409 , CA at p.1423 per Glidewell L.J.). In Actavis UK Ltd v Merck and Co Inc [2008] EWCA Civ 444 , May 21, 2008, unrep., CA, the Court of Appeal held that it was free to give from its own previous decision where it was satisfy that the EPO Boards of A ppeal had form a settled view of European pa! tent law which was inconsistent with that earlier decision. Generally, where higher authorisation does not bind, a Divisional Court will do an earlier decision of another Divisional Court of the senior high Court, and will do so as a question of judicial friendliness unless convinced that the previous judgment is pervert (R. v greater Manchester Coroner, Ex p. Tal [1985] 1 Q.B. 67 , DC)....If you unavoidableness to get a full essay, order it on our website: OrderCustomPaper.com

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