y analogy can be seen in Hunter v Canary Wharf (1995). The interference with the reception on Hunter’s television because of Canary Wharf Tower having been built, was likened to the case of Bland v Molselely (1661), in respect to the loss of a view. The two things were said to be a matter of “delight” and not “necessity” so could not come before the courts. In England and Wales, the courts have a very rigid doctrine of judicial precedent, which has the effect that every court is bound to follow any decision made by a higher court and that appellate courts are bound by their own decisions. Decisions made in the European Court of Justice bind all other courts since 1973 and can overrule its own decisions. Decisions made in the House of Lords bind all lower courts, especially Court of Appeal, and, since 1966 when it issued a practise statement, can overrule past decisions. This is clearly seen in DPP. NI v Lynch when the House of Lords said that duress could be a defence to a charge of murder, and in R v Howe they said it could not. The Court of Appeal has two divisions, which are both bound by the higher courts but not each other. Each single division is bound by its own previous decisions. Both have the Young v Bristol Aeroplane Exceptions however. Divisional Courts are bound by higher courts and bind lower courts. They are generally binding on themselves, but with the Young v Bristol Aeroplane Exceptions. The High Court is bound by higher courts, but not themselves, and all courts bind Inferior Courts.B)If one line of authority is clearly binding on the court, then the judges have no choice but to follow it, even if they do not agree with the legal principle. A binding precedent is only created when the facts of the second case are sufficiently similar to the original case and the decision was made by a court senior to the court hearing the later case. Persuasive precedent however is not binding, but the j...
