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Ability of the Court of Appeal to develop and change the law.
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| Submitted: Tue Sep 16 2003
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Ability of the Court of Appeal to develop and change the law As the C of A now considered itself bound by the decision in Young v Bristol Aeroplane i.e. bound by its own previous decisions. The ability of C of A to develop the law has been limited. Nevertheless the c of a is still developing law. The principal ways are as follows: - Distinguishing The Court of Appeal will distinguish from a previous case if it feels that to be right e.g. Balfour v Balfour 1919 The husband took up a position aboard, his wife did not accompany, as she was unwell. The husband promised to send a monthly payment to the wife. He failed to keep up the payment and she sued. The wife lost, the court held that it was a domestic and family arrangement, which the courts would not enforce. Merritt v Merritt 1971 A husband and his wife separates...
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