12. Judicial precedent

Ratio and obiter

Ratio decidendi: The legal principle necessary for the decision on the material facts. Only the ratio binds.

Obiter dicta: Other statements of law made in passing. They may persuade but do not bind.

The hierarchy in Sierra Leone

Supreme Court (s.122(2)): The Supreme Court is not bound to follow its own previous decisions, though it normally treats them as binding and departs from them when it appears right to do so. All other courts are bound to follow the Supreme Court on questions of law.

Court of Appeal (s.128(3)): The Court of Appeal is bound by its own previous decisions and all courts below it are bound by its decisions, subject to section 122.

High Court and below: The High Court binds Magistrates' Courts and local courts. English decisions are persuasive, not binding.

English approaches

Court of Appeal exceptions: In Young v Bristol Aeroplane Co Ltd the English Court of Appeal held it was bound by its own decisions except where two of its decisions conflict, where its decision cannot stand with a later House of Lords decision, or where its decision was given per incuriam.

The 1966 Practice Statement: The House of Lords announced it would depart from its own previous decisions when it appeared right to do so.

Avoiding precedent

Techniques: Courts may distinguish a case on its material facts, overrule a lower court's decision, or reverse the decision under appeal.

Merits and drawbacks

Merits: Certainty, consistency, equality and efficiency.

Drawbacks: Rigidity, slow change and the difficulty of finding the ratio, especially where reports are scarce.