Knight v Thackeray's Ltd. [1997] JLR 279 (17 November 1997)
The Royal Court may depart from its own previous decision if convinced it was wrong, and may change the test for occupiers' liability to the foreseeability test.
- Citation
- [1997] JLR 279
- Parties
- Applicant: Knight; Respondent: Thackeray's Ltd.
- Jurisdiction
- Jersey
- Judgment Date
- 17 November 1997
- Procedural Posture
- Civil / Judgment
- Outcome
- previous decision departed from
- Legal Topics
- Occupiers' Liability, Precedent, Binding Force of Previous Decisions
Case Brief
Summary, issues, holding and outcome
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Parties
Knight
Applicant
Thackeray's Ltd.
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the Royal Court is bound by its own previous decisions
- 2 Whether the test for occupiers' liability in Jersey should be changed to the foreseeability test
Ratio Decidendi
The Royal Court may depart from its own previous decision if convinced it was wrong, and may change the test for occupiers' liability to the foreseeability test.
Court Disposition
previous decision departed from
Full Case Text
Judgment text and source record
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