We all learn about the hierarchy of courts in the English and Welsh jurisdiction as soon as we start to study law. Lower courts are bound by the decisions of higher courts. Simple?
Well yes, normally, but…… The recent case of Daimler AG v Walleniusrederierna Aktiebolag [2019] was really interesting (albeit in a slightly geeky way)! In this case there was an application to strike out part of a claim by way of summary dismissal. There was clear binding authority from a superior court to the effect that there was no jurisdiction for the court of first instance to hear that part of the claim. But, there was an outstanding reference to the Court of Justice which had the likely potential to overturn the relevant precedent. In these circumstances the court refused the strike out application and determined that it was not bound to follow the precedent.
This case might be useful to those studying EU Law, Public law or even LPC. While the UK will not be subject to decisions of the Court of Justice for much longer, the same principles could apply if there was an existing reference to the Supreme Court. Throwing some of these geeky things into essays might just be the way to squeeze an extra few marks!