Att. Gen. v Weston [1979] JLR 141 (28 August 1979)

Att. Gen. v Weston [1979] JLR 141 (28 August 1979)

The Royal Court is entitled to depart from its own previous decision if it is satisfied that the previous decision was given per incuriam and that, had the previous court been aware of the binding authority, it would have decided differently.

Citation
[1979] JLR 141
Parties
Applicant: Attorney General; Respondent: Weston
Jurisdiction
Jersey
Judgment Date
28 August 1979
Procedural Posture
Civil / Appellate
Outcome
clarification of precedent
Legal Topics
Binding Force of Previous Decisions, Per Incuriam Decisions
Judicial Precedent Binding Force of Previous Decisions Per Incuriam Decisions

Case Brief

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Parties

Attorney General

Applicant

Weston

Respondent

Procedural Posture

Civil / Appellate

Legal Issues

  1. 1 Whether the Royal Court is bound by its own previous decisions given per incuriam

Ratio Decidendi

The Royal Court is entitled to depart from its own previous decision if it is satisfied that the previous decision was given per incuriam and that, had the previous court been aware of the binding authority, it would have decided differently.

Court Disposition

clarification of precedent