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I believe that Judicial Precedence is a key element
in our justice system, as it allows judges of inferior courts to reach verdicts
in shorter spaces of time than if they were to act alone. However, I think it
restricts some cases into receiving verdicts that they do not deserve due to
courts lower in the hierarchy being unable to overrule or refuse earlier

However, when larger scale cases are in court
(murder, rape, fraud). Trial will take place in a ‘superior court’. These
courts possess the power to overrule any prior verdicts that could impact the
outcome of a current case. For example, the previously mentioned cases held at
the House of Lords; Anns v Merton LBC &
Murphy v Brentwood District Council are extremely similar. However, after
evaluating the facts it was decided that the original precedence would be
overruled and therefore changed.

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In conclusion, it is
clear how Judicial Precedence is used
within the English Legal System. It provides set laws based upon previously
judged cases. Research has shown me that when smaller scale cases are in court
(civil matters/disagreements), judges will refer to these previous outcomes
rather than using up valuable time and money distinguishing a new verdict. This
is because these past decisions are viewed as ‘good law’, and are in place to
aid the judge in trying to come to a conclusion of a case.

much unlike Anns v Merton LBC, the
local authority were not held responsible. This is because the situation was
seen as pure economic loss, rather than negligence. There was no liability in
the absence of physical injury and the case overruled Anns v Merton LBC becoming the updated piece of “good law”. (Ball, 2014)

The House decided to overrule this precedent when
reaching a verdict for Murphy v Brentwood
District Council. This case was regarding a similar scenario that took
place in 1990. Again, the local authority were supposed to carry out checks on
some recently constructed foundations, but failed to do so. Because of this,
the structure became unstable beyond the allowable tolerance. (Ball, 2014)

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