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Case Law

  • Judge made law case by case
  • Compare Act of Parliament
  • Acts of Parliament must be upheld and enforced by judges
  • However, Acts are not always clear
  • Judges interpret what parliament intended when enacting.
  • Judges may disagree with each other resulting in cases starting in:
    • County courts being overturned in
    • Crown Courts and reversed in the
    • Court of appeal and reversed again in the
    • House of Lords before being overturned in the
    • European Court of Justice.
  • Senior judges must be followed by less senior judges unless they distinguish between cases with different principles.
  • The case of Street and Mountford below is one such example of case law.
Published: 21 October 2013 Last Updated: 21 November 2021