Badges: 12
Report Thread starter 5 years ago
There is a Scottish case X.
X started in the Scottish courts and was appealed up to the UK House of Lords.

Obviously when in Scotland only previous Scottish cases were binding by precedent upon X.

Now though, while in the House of Lords, the Law Lords cite an English case Y. Is this English case, Y now binding by precedent upon the Scottish appeal case?

If not, is Y only persuasive in the current appeal case of X?
Badges: 17
Report 5 years ago
…the view that these observations have only high persuasive authority for the Court of Session but are not absolutely binding seems preferable and more rational. No Scottish Lord of Appeal nor Scottish counsel might have been involved…Thus, although the House of Lords may take judicial notice of Scots law in an English appeal for the purposes of that appeal, it would jeopardise the coherence of Scots law if it were to be determined conclusively by a decision of the House of Lords, especially if it has sat without the assistance of Scottish law lords or counsel.'

It seems clear that a decision in an appeal from another legal system within the United Kingdom, which also deals with the law of that system, will be accorded great respect but cannot be said to represent a binding precedent. However, to this proposition there must be attached the following caveat-statutory interpretations of United Kingdom statutes appear to be given a stronger precedent value. Therefore, according to Henderson such a decision will be binding in a Scottish appeal. (

Quick Reply

Attached files
Write a reply...
new posts
to top
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.


Are you tempted to change your firm university choice on A-level results day?

Yes, I'll try and go to a uni higher up the league tables (9)
Yes, there is a uni that I prefer and I'll fit in better (2)
No I am happy with my choice (13)
I'm using Clearing when I have my exam results (0)

Watched Threads

View All
My Feed