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PRECEDENT THE DOCTRINE OF PRECEDENT STARE DECISIS It is a fundamental principle that like cases should be treated alike. The Latin maxim stare decisis (stand by decisions of past cases) is the basis of doctrine of precedent. Precedent, as operated in the English legal system, requires that in certain circumstances a decision on a legal point made in an earlier case MUST be followed. The doctrine is that: * All courts are bound to follow decisions made by courts above them in the hierarchy; and * Appellate courts are normally bound by their own past decisions. An extreme example of this was seen following the decision in Re Schweppes Ltd's Agreement (1965), in which one judge in the Court of Appeal dissented. Later on the same day, when the same point of law was involved in a second case (Re Automatic Telephone and Electrical Co. Ltd's Agreement (1965)), that judge said he was now bound to follow...

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