Case law in England and Wales, therefore, not only provides a body of law but also a dynamic process through which legal principles are debated, refined, and applied in practice, reflecting both legal tradition and societal change.
In England and Wales, case law refers to the body of legal precedents established by the decisions of higher courts, such as the Court of Appeal and the Supreme Court. Case law is based on the principle of stare decisis, which means that lower courts are bound to follow the decisions of higher courts on similar legal issues.
When a higher court makes a ruling on a case, that ruling becomes a legal precedent that can be relied upon by lower courts in future cases. This means that judges in lower courts are obligated to follow the principles established in previous cases, unless they can distinguish the facts of their case from those of the earlier cases, or unless the earlier case was overruled by a higher court.
Case law is an important part of the legal system, as it helps to ensure consistency and predictability in legal decision-making. By following established precedents, judges can apply the law in a fair and consistent manner, and parties to a case can have a better understanding of the likely outcome.
In addition to the precedents established by higher courts, there is also a body of case law established by lower courts and tribunals. While these decisions do not have the same level of authority as those of higher courts, they can still be persuasive and may be relied upon in future cases.
Breakdown of Significance and Function
- Common Law System: England and Wales operate under a common law system, where case law is fundamentally important. Unlike civil law systems, which rely primarily on codified statutes, common law systems develop legal principles through decisions made by judges.
- Precedent (Stare Decisis): This is the principle of stare decisis, which means “to stand by decisions”. In this system, the decisions of higher courts bind lower courts, and thus, once a legal principle is established in a case, it should generally be followed in subsequent cases involving similar facts or legal issues.
- Hierarchy of Courts: The structure of the judiciary in England and Wales impacts how precedent operates:
- Supreme Court (formerly the House of Lords Judicial Committee): Decisions here set binding precedents for all courts.
- Court of Appeal: Its decisions bind all lower courts but can be overturned by the Supreme Court.
- High Court: Decisions bind courts below it but can be influenced by the Court of Appeal and Supreme Court rulings.
- Lower Courts: Must follow the precedents set by higher courts.
- Development of Law: Case law allows for the evolution of law over time. Judges interpret legislation, fill in gaps where statutes are silent, and adapt law to new situations or changes in society’s values.
- Reporting and Access: Significant decisions are reported, often in official law reports or legal databases, allowing legal professionals to access and cite them. The availability of detailed legal judgments helps in understanding the reasoning behind legal principles.
- Equity: Alongside common law, the legal system in England and Wales includes equity, which developed through case law to provide remedies where common law was inadequate. Courts of Equity (like the Chancery Division) provide judgments based on fairness, which also contributes to case law.
- Limitations: While precedent provides consistency, there are mechanisms for overturning or distinguishing precedents when they are perceived as outdated or unsuitable, ensuring flexibility in the law.
- Influence: English case law has significantly influenced legal systems globally, especially in countries that were once part of the British Empire, where principles of English case law are often embedded in their judicial systems.
Case Law Online
You can view and download judgments and tribunal decisions from 2001 at the National Archive.
Using the British and Irish Legal Information Institute (BAILII), based at the Institute of Advanced Legal Studies, you can find British and Irish case law & legislation, European Union case law, Law Commission reports, and other law-related British and Irish material.
Overall, case law plays a critical role in the development and interpretation of the law. It helps to ensure consistency and predictability in legal decision-making, and provides guidance and direction for judges and legal professionals.
Check out our related articles on Law Society, Solicitors, Barristers, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, Rule of Law, Open Justice and the highly questionable Sussex Family Justice Board.
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What is Case Law ? was last updated on the 27th March 2025
