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	'''Case law''' is law developed through court decisions. In common law systems such as England and Wales, judgments do more than decide the dispute between the parties. Some decisions also state legal principles that later courts must follow or may find persuasive.

Case law, also referred to as judicial precedent, holds a central position within the legal framework of the [[United Kingdom]]. It encompasses the body of law that emerges from the decisions made by courts in specific cases. These decisions establish legal principles, interpretations, and guidelines that shape the course of future legal proceedings. Case law is an integral component of the broader [[Common Law]] system that governs the UK legal landscape.
	Case law is also called judicial precedent. It works alongside Acts of Parliament, statutory instruments, common law principles, and constitutional practice.

== Historical Evolution ==
The roots of case law stretch back through the annals of British legal history. Its inception can be traced to the medieval era, when judges in royal courts began meticulously recording their verdicts and rationales. Over time, these recorded decisions, known as "report cases," coalesced to form a reservoir of legal doctrines that significantly influenced the evolution of British jurisprudence.
	== Role in the UK Legal System ==
	The United Kingdom has more than one legal system. England and Wales, Scotland, and Northern Ireland each have their own courts and legal traditions. Case law matters in all of them, but the hierarchy of courts and the effect of a decision can differ by jurisdiction.

== Key Tenets of Case Law ==
	In England and Wales, binding precedent is central to the common law. A court normally follows decisions of higher courts where the legal point and material facts are sufficiently similar. Decisions from lower courts, foreign courts, academic writing, and courts in other UK jurisdictions may be persuasive but are not automatically binding.

=== Binding Precedent ===
A foundational aspect of case law is the doctrine of binding precedent. This principle mandates that the decisions of higher courts are binding upon lower courts when dealing with analogous cases. For instance, a pronouncement by the House of Lords (now succeeded by the Supreme Court) carries binding authority across all lower tribunals.
	== Ratio and Obiter ==
	The binding part of a case is the '''ratio decidendi''', meaning the legal reason necessary for the decision. Other comments in a judgment are called '''obiter dicta'''. Obiter comments can be influential, especially when made by senior judges, but they are not binding in the same way as the ratio.

=== Persuasive Precedent ===
Persuasive precedent denotes decisions from courts that lack binding force but can be regarded as influential guidance. Rulings from foreign courts, lower courts, or higher courts from other jurisdictions can be persuasive in shaping a court's determination.
	Finding the ratio can be difficult. A case may have several judgments, different reasoning, narrow facts, or later decisions that reinterpret it. Lawyers often argue about what a case truly decided.

=== Overruling and Reversing Precedent ===
Courts wield the power to overrule or reverse a precedent set by a preceding case. Overruling transpires when a higher court declares the invalidity of a prior decision. Reversal transpires when a higher court counters a lower court's pronouncement within the same case.
	== Binding Precedent ==
	Binding precedent depends on hierarchy. A lower court must usually follow a relevant decision of a higher court. The UK Supreme Court sits at the top of the UK court structure for most civil and criminal appeal matters, although Scottish criminal appeals do not go to the UK Supreme Court.

=== Distinguishing Precedent ===
The principle of distinguishing precedent empowers courts to discern a difference between the facts of a current case and those of a precedent. When such factual dissimilarity is detected, the precedent's applicability is negated.
	The Court of Appeal is normally bound by its own earlier decisions, subject to recognised exceptions. The High Court can create persuasive authority and, in some areas, decisions that lower courts are expected to follow.

== Illustrative Examples of Case Law ==
	== Persuasive Authority ==
	Persuasive authority may include:

# Donoghue v. Stevenson (1932): A seminal case that established the modern doctrine of negligence and introduced the "neighbour principle," delineating the duty of care owed by one individual to another.
# R v. R (1991): This landmark decision by the House of Lords redefined the legal contours of rape, encompassing a husband's potential liability for raping his spouse.
# Pepper v. Hart (1993): The House of Lords decreed that under exceptional circumstances, parliamentary debates could be employed as an interpretive tool in understanding legislation.
# R (Miller) v. Prime Minister (2019): The Supreme Court's ruling against the Prime Minister's prorogation of Parliament underscored the constitutional significance of the decision-making process.
# Johnson v. Unisys (2001): An influential case that elucidated the parameters of an employer's duty of care towards employees, particularly in instances of economic loss arising from wrongful dismissal.
# Carlill v. Carbolic Smoke Ball Company (1893): A ground-breaking contract law case that underscored the validity of unilateral contracts through the company's offer to pay a reward for those who contracted influenza while using their product.
# Airedale NHS Trust v. Bland (1993): The House of Lords grappled with the ethical dimensions of withdrawing medical treatment, setting a precedent in cases involving the withdrawal of life-sustaining treatment.
# Balfour v. Balfour (1919): This case contributed to contract law jurisprudence by distinguishing between domestic and commercial agreements, leading to the concept of social agreements devoid of enforceable contractual obligations.
# White v. Jones (1995): An important case in tort law that pertained to solicitor negligence and examined whether a duty of care extended to third parties who suffered losses due to the negligence.
# R v. Dudley and Stephens (1884): A notable criminal law case that tackled the issue of necessity versus murder, where stranded sailors resorted to cannibalism to survive.
	* Decisions from courts at the same level.
	* Decisions from courts in Scotland, Northern Ireland, or other common law jurisdictions.
	* Decisions from lower courts.
	* Dissenting judgments.
	* Academic commentary.
	* Older authorities that have not been directly overruled but may need caution.

== Contemporary Significance ==
Case law remains an indispensable source of legal guidance and interpretation within the UK legal system. It empowers legal practitioners and courts to apply established principles to real-world scenarios, enabling the dynamic evolution of legal doctrines in response to societal changes and technological advancements.
	Persuasive authority is useful when there is no binding case on the point or when a court is deciding how a principle should develop.

	== Overruling, Reversing, and Distinguishing ==
	'''Overruling''' happens when a higher court decides that an earlier legal rule should no longer be followed.

	'''Reversing''' happens when an appeal court changes the result in the same case.

	'''Distinguishing''' happens when a court accepts that an earlier case is good law but decides it does not control the present case because the facts or legal issue are materially different.

	== Law Reports and Citations ==
	Case law is usually found through law reports, official court websites, legal databases, and neutral citations. A neutral citation identifies the court and year, such as [2019] UKSC 41 for a UK Supreme Court case. Older cases may be cited by law report series instead.

	Not every judgment has the same value. A reported appellate judgment on a legal point is usually more important than an unreported first-instance decision on specific facts.

	== Examples ==
	=== Donoghue v Stevenson ===
	''Donoghue v Stevenson'' [1932] AC 562 is a leading negligence case. It is known for the neighbour principle and for shaping the modern duty of care in common law negligence.

	=== R v R ===
	''R v R'' [1991] UKHL 12 confirmed that a husband could be guilty of raping his wife. It is a major example of common law development rejecting an older marital immunity.

	=== Pepper v Hart ===
	''Pepper v Hart'' [1993] AC 593 allowed courts, in limited circumstances, to refer to Parliamentary material when interpreting legislation.

	=== Miller and Cherry ===
	''R (Miller) v The Prime Minister; Cherry v Advocate General for Scotland'' [2019] UKSC 41 held that the advice to prorogue Parliament in 2019 was unlawful. The UK Supreme Court treated the prorogation as having no legal effect.

	== Limits ==
	Case law is not a free-standing power for judges to rewrite any rule they dislike. Courts work within the facts of cases, the hierarchy of courts, statutory wording, constitutional limits, and earlier authority. Parliament can also change the law by statute.

== See Also ==	== See Also ==
	* [[Common_Law]]
	* [[Supreme_Court_of_the_United_Kingdom]]
	* [[House_of_Commons]]
	* [[Constitutional_monarchy]]

* [[Common Law]]
* [[Judicial Precedent]]
* [[Legal System of the United Kingdom]]
	== References ==
	* [https://www.law.ox.ac.uk/legal-research-and-mooting-skills-programme/law-reports University of Oxford Faculty of Law: law reports and the doctrine of precedent]
	* [https://supremecourt.uk/about-the-court UK Supreme Court: the Court and Legal System]
	* [https://www.supremecourt.uk/cases/uksc-2019-0192 UK Supreme Court: Miller v The Prime Minister and Cherry]
	* [https://www.bailii.org/uk/cases/UKHL/1991/12.html BAILII: R v R [1991] UKHL 12]
	* [https://www.bailii.org/uk/cases/UKHL/1992/3.html BAILII: Pepper v Hart [1993] AC 593]

	[[Category:Law]]
	[[Category:UK law]]
	[[Category:Courts]]