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Thursday, August 26, 2021

Vol. 1 No. 1 P R E S E N TAT I O N F O R T O D AY ! Early Edition

Caelin, Keimar, Randi, Tianna, Zakariyya 

"JUDICIAL 
PRECEDENT "
Vol. 1 No. 1
Table Of Content
The Development of the
1 Law
Reception of Law in Barbados,
Sources of Law
Common Law as a
2 Source of Law
Definition, Relationship
between Common Law and
Judicial Precedent
JUDICIAL PReCEdENT AS
3 A SOURCE OF LAW
Definition, Classifications, Hierarchy
of Courts  Appeal, Divisional Court, Etc.
Thursday, August 26, 2021
KEY TERMS FOR
4 JUDICIAL PRECEDENT
Distinguishing, Reversing, Overruling,
Ratio Decidendi, Etc. 
PROS AND CONS OF
5 JUDICIAL PRECEDENT
Certainty, Uncertainty,
Flexibility, Rigidity,
Growth, Etc.
PRECEDENT WITHIN THE
6 COURT STRUCTURE
The House of Lords, The Court of
Vol. 1 No. 1
Table Of Content Thursday, August 26, 2021

7 CONCLUSION

8 QUESTIONS

referEnces
.
Vol. 1 No. 1 Thursday, August 26, 2021

“ One precedent
creates another, and
they soon accumulate
and constitute law.
What yesterday was a
fact today is doctrine. ”
- Junius * Source image : Photo by Tingey Injury Law Firm on Unsplash
Vol. 1 No. 1 Thursday, August 26, 2021

CHAPTER 1 -
THE DEVELOPMENT
OF THE 
LAW
Section 1 – reception of the law in barbados 

The rule relating to the reception of law (how it was received into our
legal system) is that English settlers took with them to the new settled
territories, the English Common Law, the principles of equity and
statutes of general application as far as they were compatible with
the local circumstances.
Section 2 – SOURCES OF LAW

There are three (3) sources of law:

• historical sources,

• legal sources, and

• literary sources
Vol. 1 No. 1 Thursday, August 26, 2021

CHAPTER 2 -
COMMON LAW 
AS A SOURCE
OF LAW
Section 1 – DEFINITION
Section 2 – THE RELATIONSHIP BETWEEN
COMMON LAW AND JUDICIAL PRECEDENT

Common Law is based upon predictable and consistent

outcomes to cases with similar facts and legal issues in
question. Thus, the defining principle of Common Law is
"precedents". Judges interpret the law and issue rulings in the
same manner as earlier court decisions. 
Vol. 1 No. 1 Thursday, August 26, 2021

CHAPTER 3 -
JUDICIAL PRECEDENT
AS A SOURCE
OF LAW
Vol. 1 No. 1 Thursday, August 26, 2021

SECTION 1 - DEFINITION
• The precept of judicial precedent was developed in the early English Common Law Courts.

• Judicial Precedent is the practice of referring to previous decisions through arguments and

analysis. 

• Judicial precedent is also used in both civil and criminal trials. 

• Judicial precedent is used where they are sufficient similar facts. 

• Judicial Precedent is both a historical and legal source of law. 

Section 2 – CLASSIFICATIONS (1)

Precedents may be classified as either:

I. Binding precedent 

II. Persuasive precedent 

Section 2 – CLASSIFICATIONS (2)
Binding Precedent: 

• Binding precedent requires the court to follow a previously decided

case regardless if it agrees with the decision in that previous case.

• In Barbados' legal system the nature of a binding precedent is that

the decisions of the higher courts bind any decisions of the lower
courts.
Section 2 – hierarchy of courts (3)

CCJ
COURT OF
APPEAL
High Court

Magistrates Court
Section 2 – CLASSIFICATIONS (4)
Persuasive Precedent 

• Persuasive Precedent is a ruling/case which is not binding on the court.

• Although it is not binding on the court great respect must still be shown. 

• An example of a case which would not be binding on Barbados' courts, but

much respect has been given to the decision is State vs Gobin. 
Vol. 1 No. 1 Thursday, August 26, 2021

CHAPTER 4 -
KEY TERMS FOR
JUDICIAL PRECEDENT
KEY TERMS (1)
TERM MEANING
distinguishing  the process which judges use to avoid following a precedent
that would otherwise be binding. A precedent is binding on
another case where the facts of both cases are substantially
similar. However, if the Court finds the material facts in the
previous case to be substantially different from its present
case, it will distinguish the present case based on those
differences.

reversing  a case is reversed when on appeal an appellate court overturns

the decision of a lower court. 
overruling  the procedure whereby a court higher in the hierarchical
structure sets aside a ruling established in a previous case.
ratio decidendi the legal principle, which a judicial decision is based on.
KEYS TERMS (2)

TERM MEANING
obiter dicta this translates to "things said by the way" or "remarks in
passing". These are comments made by the Judge on
observations on points of law other than those covered by the
case or consideration of other legal principles.
disapproving this occurs where in a future case, without overruling an earlier
case, the court gives its opinion that an earlier case was wrongly
decided.
Vol. 1 No. 1 Thursday, August 26, 2021

CHAPTER 5 (1) -
PROS OF
JUDICIAL
PRECEDENT
CERTAINTY
The main advantage of using precedent is that it provides certainty in the

law. Courts are compelled by the doctrine of binding precedent to follow the

ratio decidendi of a previous decision in a lower court. Due to this, a high

degree of certainty is achieved. Thus, persons may know with certainty what

will likely be the outcome of a case and it makes it easier for lawyers to

advise clients of their legal position.

FLEXIBILITY

There are mechanisms in place, which provide judges with

flexibility when applying precedent. Distinguishing is a
method by which legal principles may be restricted or
extended in different situations. As such, Common Law can
keep up with changes in society, and precedents can avoid
becoming outdated.
GROWTH

As the principles of law applied by the courts arise out of factual

situations, and, with the law considered to be flexible and adaptable, it
can grow to suit the needs of society.
DETAIL

Due to distinguishing and the extension of rationes

decidendi, Barbados' law is extremely detailed in terms of the
principles and their application.
Vol. 1 No. 1 Thursday, August 26, 2021

CHAPTER 5 (2) -
CONS OF
JUDICIAL
PRECEDENT
RIGIDITY

Judicial Precedent can be strict and disallows many legal changes

or developments. When a law is established, it becomes
permanent and binding. Although the court's decision may be
viewed as harsh or unreasonable, there is not much room for
flexibility, but the decision will still be ‘good law’ unless it is
distinguished or overruled. Regardless of the case, the inferior
courts must follow the pattern of prior superior court judgements. 
Bulk and complexity
• The verdict could be extremely lengthy, with several cases with
substantially similar facts being distinguished. This inevitably
contributes to the law becoming bulky and complex because of
the principles of law arising from the ratio decidendi in each
similar case. There becomes a high risk that a relevant precedent
is overlooked/lost when law reporting is of poor quality.  
Uncertainty

• Where judges can distinguish factual elements in a case from a

‘binding precedent’, this creates uncertainty as to which
decision the court is likely to follow. Additionally, the appellate
process shows that the decision is somewhat uncertain until it
reaches a decision from the final appellate court on the issues
of fact and law.
LAW REPORTING

A reliable system of law reporting is necessary for the binding

precedent to function. It depends on the availability of credible
legal resources. If either of these two requirements is absent,
the entire system fails because neither lawyers nor judges can
find the relevant rulings that will assist the court to reach a
decision based on the evidence. 
Vol. 1 No. 1 Thursday, August 26, 2021

CHAPTER 6 -
PRECEDENT
WITHIN THE
COURT STRUCTURE
PRECEDENT WITHIN THE COURT
STRUCTURE (1) 
court Which court binds that court?

The House of Lords • its own decisions

The Court of Appeal (Civil Division) • its own decisions

• decisions of former courts of the same
jurisdiction

The Court of Appeal (Criminal Division) • The House of Lords

• its own decisions
• formerly The Court of Appeal (Criminal Division)
• formerly Court for Crown Cases Reserved

The Divisional Court • The House of Lords

• The Court of Appeal (Civil Division)
• its own decisions
 PRECEDENT WITHIN THE COURT
STRUCTURE (2) 
court Which court binds that court?

The High Court  • The House of Lords

• The Court of Appeal (Civil Division)
• The Divisional Court of the same Division

The Crown Court • The House of Lords

• The Court of Appeal (Civil Division)
• The Divisional Court of the same Division

County Courts • The House of Lords

• The Court of Appeal
• The High Court

The Judicial Committee of the This advisory body is NOT bound by its own decisions/advices nor the decisions of
Privy Council The House of Lords. However, it rarely departs from its previous decisions.
Vol. 1 No. 1 Thursday, August 26, 2021

CHAPTER 7 -
CONCLUSION
Vol. 1 No. 1
Conclusion Thursday, August 26, 2021

The Development of the KEY TERMS FOR

1 Law 4 JUDICIAL PRECEDENT

PROS AND CONS OF

2 Common Law as a 5 JUDICIAL PRECEDENT
Source of Law

3 JUDICIAL PReCEdENT AS 6 PRECEDENT WITHIN THE

A SOURCE OF LAW COURT STRUCTURE
Vol. 1 No. 1 Thursday, August 26, 2021

CHAPTER 8 –
QUESTIONS
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“THANK YOU”
Thursday, August 26, 2021
Vol. 1 No. 1 P R E S E N TAT I O N F O R T O D AY ! Early Edition
Vol. 1 No. 1 REFERNCES (1) Tuesday, November 1, 2022

Books:

• Bourne, Williams. Course Notes for The Legal System &

Constitutional and Administrative Law. [Unpublished
manuscript]

• Waite. Pocket Oxford English Dictionary Eleventh Edition. first

edition 1924, eleventh edition 2013 
Vol. 1 No. 1 REFERNCES (2a) Tuesday, November 1, 2022

Online Sources:

• ATAR Notes Archive. Distinguishing/Overruling/Disapproving/Reversing. May 10, 2010.

Retrieved from
https://archive.atarnotes.com/forum/index.php?topic=26111.0#:~:text=Disapproving%20
occurs%20when%20a%20lower%20court%20follows%20a,s%2Fhe%20is%20compelled%
20to%20follow%20the%20precedent%20s%2Fhe
 

• Connect Us. 16 Advantages and Disadvantages of Judicial Precedent. May 4, 2019.

Retrieved from
https://connectusfund.org/6-advantages-and-disadvantages-of-judicial-precedent 

• Cornell Law School. Obiter dictum. “n.d”. Retrieved from

https://www.law.cornell.edu/wex/obiter_dictum 
Vol. 1 No. 1 REFERNCES (2B) Tuesday, November 1, 2022

Online Sources:

• EHow. Irwin Fletcher. Statute of limitations on assault. “n.d”. Retrieved from

https://www.ehow.co.uk/about_6692309_statute-limitations-assault.html 

• Enechukwu. Bscholarly. Difference between Overruling and Reversing a Decision.

August 24, 2020. Retrieved from
https://bscholarly.com/difference-between-overruling-and-reversing-a-decision/ 

• Law Teacher. Judicial Precedent as a Source of Law. September 20, 2021.

Retrieved from
https://www.lawteacher.net/free-law-essays/judicial-law/judicial-precedent-is-so
urce-of-law.php#:~:text=The%20main%20advantage%20of%20using,law%2C%20
which%20also%20ensures%20fairness
 
Vol. 1 No. 1 REFERNCES (2C) Tuesday, November 1, 2022

Online Sources:

• Legal Dictionary. Ratio Decidendi. April 17, 2019. Retrieved from

https://legaldictionary.net/ratio-decidendi/ 

• Merriam-Webster. Sedition. October 25, 2022. Retrieved from

https://www.merriam-webster.com/dictionary/sedition 

• Oxford Languages. Fact. “n.d”. Retrieved from

https://www.google.com/search?q=fact+meaning&oq=fact+meaning&aqs=chrome..69i5
7j0i512j0i67j0i512l7.1613j1j7&sourceid=chrome&ie=UTF-8
 

• Oxford Languages. ratio decidendi. “n.d”. Retrieved from

https://www.google.com/search?q=ratio+decidendi&oq=ratio+decidendi&aqs=chrome..6
9i57j69i59l2j0i512l7.3684j0j4&sourceid=chrome&ie=UTF-8
 
Vol. 1 No. 1 REFERNCES (2D) Tuesday, November 1, 2022

Online Sources:

• Studocu. Literary Sources. “n.d”. Retrieved from

https://www.studocu.com/en-gb/document/university-of-liverpool/law/literary-sources-lecture-notes-1/
15144130

• The Federalist Society. The Common Law Part 1: What is Common Law and What role did it Play in
England? [No. 86]. January 9, 2020. Retrieved from https://www.youtube.com/watch?v=qaYnQFLhXk0 

• The National Agricultural Law Center. Procedures: Precedent and the U.S. Court System. “n.d”. Retrieved
from https://nationalaglawcenter.org/procedures-precedent-and-the-u-s-court-system/ 

• The Open University. Judges and the law. “n.d”. Retrieved from
https://www.open.edu/openlearn/society-politics-law/judges-and-the-law/content-section-3.4.1 

• Toppr. Jurisprudence. Sources of law – Juristic Writing. “n.d”. Retrieved from

https://www.toppr.com/guides/legal-aptitude/jurisprudence/sources-of-law-juristic-writings/#:~:text=So
urce%3A%20pixabay.com-,b.,%2C%20namely%2C%20Religion%20and%20Morality