methods of escaping a precedent

general methods - used by any court

distinguishing - balfour v balfour & merrit v merrit

Twine v Beans Express & Rose v Plenty

overruling - R V R

principle of stare decisis - London Street Tramways ltd v London County Council

specific methods of escaping a precedent by specific courts

Supreme Court / House of Lords (October 2009)

Practice Statement 1966 - Lord Gardiner

cases utilizing the practice statement by the Supreme court to escape its own devisions

Addie v Dumbreck & British Railway Board v Herrington

Anderton v Ryan & R v Shivpuri

Davis v Johnson v Pepper v Hart

DPP for Northern Ireland v Lynch & R v Howe

Court of Appeal - Through the case of Young v Bristol Aeroplane Co can escape its own decisions in the following cases

1. two of its own previous precedents conflict each other and they must choose which to apply in the current case

2. its precedent conflicts with that of the Supreme Court

3. Decision was made per incuriam in the precedent to be applied