The doctrine of judicial precedent is a basic principle of the English legal system. It means that judges in lower courts must follow the legal decisions made by judges in higher courts in similar past cases. This principle is also known as *stare decisis*, which means “to stand by things decided”. The purpose of precedent is to make the law certain, consistent, and fair, so that people can understand how the law will be applied to their situation. This essay will explain how judicial precedent works and will use the important case of *Donoghue v Stevenson* (1932) to show how a new precedent can be created.
The Operation of Precedent
Judicial precedent works through the hierarchy of the courts. In England and Wales, decisions of the Supreme Court are binding on all lower courts, such as the Court of Appeal and the High Court. The decisions of the Court of Appeal bind the lower courts, and High Court decisions bind the courts below it, like the County Court. This system makes sure that the law is applied in the same way across the country. For a precedent to be binding, the facts of the new case must be similar enough to the facts of the previous case. This ensures that like cases are treated alike, which is important for justice (Slapper and Kelly, 2017).
The Components of a Judgment
Not every part of a judicial decision creates a binding precedent. The most important part of a judgment is the *ratio decidendi*, which is Latin for “the reason for the decision”. This is the legal principle or rule that the judge used to make the final decision in the case. The *ratio decidendi* is the part that is binding on future courts. Other things said by a judge in a judgment are called *obiter dicta*, which means “things said by the way”. These are comments that are not essential for the decision and can include hypothetical scenarios. While *obiter dicta* are not binding, they can be persuasive and may influence a judge in a later case.
The Facts of Donoghue v Stevenson
The case of *Donoghue v Stevenson* [1932] AC 562 is a famous example of how precedent can be made. In 1928, Mrs May Donoghue went to a cafe in Paisley, Scotland, with a friend. Her friend bought her a bottle of ginger beer, which was made by David Stevenson. The bottle was made of dark, opaque glass, so no one could see inside it. Mrs Donoghue drank some of the ginger beer. When her friend poured the rest of the drink into her glass, the remains of a decomposed snail fell out. Mrs Donoghue later claimed she suffered from shock and gastroenteritis. Because her friend had bought the drink, Mrs Donoghue did not have a contract with the cafe owner and so could not sue him. Instead, she decided to sue the manufacturer, Mr Stevenson.
The Legal Reasoning and New Precedent
The legal question for the House of Lords was whether a manufacturer owed a duty of care to the final consumer of their product, even when there was no contract between them. The court decided, by a majority of three to two, that Mr Stevenson did owe a duty of care to Mrs Donoghue. The most important judgment was given by Lord Atkin, who created the “neighbour principle”. He stated that you must take reasonable care to avoid acts that you can reasonably foresee would be likely to injure your “neighbour”. Lord Atkin defined a neighbour as someone “so closely and directly affected by my act that I ought reasonably to have them in contemplation”. This principle became the *ratio decidendi* of the case and established a new precedent, forming the modern law of negligence.
Conclusion
In conclusion, the doctrine of judicial precedent is a key feature of the common law system in England and Wales. It provides certainty by requiring courts to follow past decisions, particularly the *ratio decidendi* of cases decided in higher courts. The case of *Donoghue v Stevenson* shows how the highest court can establish a new and very important legal principle, like the neighbour principle, which then becomes a binding precedent for all lower courts to follow in future cases concerning negligence. This demonstrates how the law can develop through judicial decisions.
References
- Donoghue v Stevenson [1932] AC 562.
- Slapper, G. and Kelly, D. (2017) The English Legal System. 18th edn. Abingdon: Routledge.
