Practice Statement [1966] 3 All ER
77, was a statement made in the House of Lords
by Lord Gardiner,
L.C., on July 26, 1966
on behalf of himself and the Lords of Appeal in
ordinary.Until 1966, the House of Lords in
the United
Kingdom
was bound to follow all of its previous decisions
under the principle of stare
decisis, even if this created "injustice" and "unduly
restrict(s) the proper development of the law" (London Tramways Co. v
London City Council [1898] AC 375). The
Practice
Statement 1966 is authority for the House of Lords to
depart from their previous decisions. It does not affect the
precedential value of cases in lower
courts; all other courts that recognise the House of Lords as the
court of last resort are still
bound by House of Lords decisions. Before this, the only way a
binding precedent could be avoided was to create new legislation on
the matter.
This is the text of the Practice Statement:
- Their Lordships regard the use of precedent as an indispensable
foundation upon which to decide what is the law and its application
to individual cases. It provides at least some degree of certainty
upon which individuals can rely in the conduct of their affairs, as
well as a basis for orderly development of legal rules.
- Their Lordships nevertheless recognise that too rigid adherence
to precedent may lead to injustice in a particular case and also
unduly restrict the proper development of the law. They propose
therefore, to modify their present practice and, while treating
formal decisions of this house as normally binding, to depart from
a previous decision when it appears to be right to do so.
- In this connection they will bear in mind the danger of
disturbing retrospectively the basis on which contracts, settlement
of property, and fiscal arrangements have been entered into and
also the especial need for certainty as to the criminal law.
- This announcement is not intended to affect the use of
precedent elsewhere than in this House.
- :: — Lord Gardiner's
statement in the House of Lords, July 26,
1966.