UK to Rwanda asylum plan ruled unlawful

[motorbiking]

it’s not wrong. Each court can bind the lower court. The case I quoted was a decided case because it was upheld at the court of appeal. I knew that when I posted it because I read it at the time. @denso13 got all excited because he thought I’d mistakenly said the crown court had power to create a binding rule for all other courts. In fact I referenced the crown court briefing because it contained the key elements. The court of appeal was very brief. It is convention to quote the ruling court when an appeal has been fully dismissed.

Further crown court rulings do bind magistrates courts.

 

[denso13]

Do you disagree that the case i quoted was a decided case?

Irrelevant

Are you suggesting Crown court rulings cannot bind lower courts such as magistrates?

Yes

Judicial precedent

 

[denso13]

I knew that when I posted it because I read it at the time. @denso13 got all excited because he thought I’d mistakenly said the crown court had power to create a binding rule for all other courts.

You are lying again. I know how judicial precedent works.

 

[carmanmemoranda]

As in prince harry?

I think they embarrassed him by encouraging him to tell fibs. It was not a good result for him. Some lawyers try every possible angle irrespective of the damage. They would have been better focused on the area that had legs. But work is money and he has plenty.

You agree that you know better than his lawyers still? By your own words, some of the best in the world that money can buy.

If you presented both sides of any case I'd have more belief in your comments. The more you stick to 1 side on each and every case you mention, the less I trust and believe your "expertise".

I don't agree with ignoring people, that's for the right wingers on here to do, I just read some of your posts and smile. A lot of people must swallow what you say wholesale though.

 

[motorbiking]

You are lying again. I know how judicial precedent works.

Apparently not. If you think magistrates have the ability to ignore crown court ruling.

 

[denso13]

Apparently not.

Judicial precedent

"All other courts (County, Crown, Magistrates, tribunals - these have no power to create precedents)"

 

[denso13]

A lot of people must swallow what you say wholesale though.

That's why he slipped in the "decided case law" bit, which was totally irrelevant to the post he was replying to anyway.

He thought everyone would just believe his nonsense.

 

[motorbiking]

You should read your link.

“There exists a hierarchy of the courts. The basic rule is that a court must follow the precedents from a higher court, but they are not bound to follow decisions from courts lower in the hierarchy.”

Sorry you are wrong… still

 

[denso13]

You should read your link

Ok swervy.

 

[motorbiking]

You are welcome

 

[denso13]

“There exists a hierarchy of the courts. The basic rule is that a court must follow the precedents from a higher court, but they are not bound to follow decisions from courts lower in the hierarchy.”

Be honest and post it all.

Hierarchy of the courts

There exists a hierarchy of the courts. The basic rule is that a court must follow the precedents from a higher court, but they are not bound to follow decisions from courts lower in the hierarchy. A basic outline of the hierarchy is:

​

*​

​

European Court of Justice

**

Supreme Court (formerly House of Lords)

***

Court of Appeal

****

Divisional Courts

*****

All other courts (County, Crown, Magistrates, tribunals - these have no power to create precedents)​

 

[carmanmemoranda]

That's why he slipped in the "decided case law" bit, which was totally irrelevant to the post he was replying to anyway.

He thought everyone would just believe his nonsense.

Sometimes wonder who he is trying to convince. Himself ?

 

[IT Minion]

Further reading here: https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://journals.sagepub.com/doi/pdf/10.1177/0022018320954177?download=true&ved=2ahUKEwjXke68m82AAxWvW0EAHb3ODtsQFnoECCkQAQ&usg=AOvVaw3rKn-nL-BHGrGZPjDrRlB8

In short: it is not entirely unprecedented for the Crown court judgement to be a precedent. But it is not common and there is precedent for them being thrown out by the court of appeal.

 

[motorbiking]

Nothing was slipped in. It was there from the start.

143 - I said decided case and quoted it.
165 - you got all excited talking about county court / later clarified that you meant crown court.
169 - I gave the link to the CoA ref showing you that the case was a decided case as per 143
179 - you are still arguing it isnt case law - wrongly
194 - explained 1 more time
206 - you are still arguing you were always right and that the case i linked to was not case law. it is
210 - waffle
212 - corrected again.
213 - new question
215 - answered
216 - acknowedged, i think
217 - no wait still arguing it isnt case law, it is.
230 - arguing I said something I didn't
232 - still arguing that its not case law, it is.
238 - checking your thinking
242 - you answered - wrongly though.
246 - still arguing a crown court cannot bind a magistrates court - wrongly
247 - now arguing I slipped in decided case law, when in fact I said it in post 143 and kept saying it.
249 - finally, you admit defeat
251 - nope back arguing black is white again. remember the question you were asked if magistrates courts were not bound by crown court rulings. Your link 253 they are, I say they are IT minions link agrees.
Nothing was slipped in, it was there from the start.

The case law I quoted was a decided case and crown courts can bind lower courts E.g magistrates courts.

That’s it.

 

[denso13]

The case law I quoted was a decided case and the decided cases in a crown courts can bind lower courts E.g magistrates courts.

No they don't.

It started with this.

There is no requirement, no legislation, no rules that says you must apply in any particular country.

Filly responded with

Apart from the Dublin Convention.

And you added

and decided case law..
https://www.judiciary.uk/wp-content...Small-Boats-cases-rulings-21Dec22-final-v.pdf

You somehow thought "decided case law" made it sound official. It isn't case law from a Crown Court.

And it isn't relevant, to the initial statement, "

There is no requirement, no legislation, no rules that says you must apply in any particular country."

It's a red herring.