Legal Precedent QuestionWatch
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?
More law resources on TSR
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. (