More on the District Court

mountainyman

I know that Judges of the DC don't have the power to bind but does Stare not apply to them. I read a report in a newspaper recently of a case that sounded exactly like Kingswood Hackett V Tierney but the judge went the other way.

Rhonda9000

Unusual if true. SC binds all, HC binds CC and DC.

Dodgy newspaper reporting?

Which court was Kingswood Hackett heard in? [The name doesnt ring a bell.]

Perhaps there was some distinguishing fact the newspaper glossed over?

Alternatively, the DC judge may have erred and appeal will correct?

johnnyskeleton

There are no written judgements in the District Court, so citing an authority would be along the lines of "Last week I was here and you sided with the plaintiff".

Don't forget that most of the time a decision is based on the facts as presented not on a technical point of law.

dats_right

Also a judge can only decide a case on the arguments and case law referred to him/her, so is it possible that this case wasn't argued before the judge? If it was argued and the judge did indeed err in law then I'm sure the Circuit Court on appeal will sort the problem (if any exists).

Our man in Havana

Is a decision in the circuits binding on other circuits and the districts?

johnnyskeleton

Bond-007 wrote: »

Is a decision in the circuits binding on other circuits and the districts?

Binding in the way that HC cases are binding on the HC - i.e. I would distinguish that case because (insert excuse here).

That said, since the only reported circuit court case is that Cadbury's case, by a now High Court Judge, I'm sure that whenever the circuit court authority is raised it is followed.