Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
September 7, 2018

Understanding important principles in law

Per incuriam

You were in court when an important decision was made. The lawyers on both sides argued and put forth precedents, but everything appeared to be complicated and confused. This is because, to the layman, some principles in law are difficult to comprehend. This is your opportunity to understand some important principles in law.

The doctrine of stare decisis

The doctrine of stare decisis is the foundation on which the common law rests. Because of stare decisis, precedents are made and judges are required to decide in the same way as similar cases that were decided in their highest court. Hence, “save and except in certain exceptional cases, a court is bound to follow previous decisions of its own” to ensure consistency and finality (A B C & D v E) HCVAP No. 1 of 2011. Decisions in one’s jurisdiction are binding, whereas those outside are persuasive. The decisions outside one’s jurisdiction would become binding. One would recall how Caribbean states tried to comply with Pratt and Morgan, the Jamaican Case that was decided by the Privy Council. In that case the justices decided that no one should be on death row for more than five years. After that there was essentially a scramble to adhere to this precedent knowing very well that a similar case from another jurisdiction to the Privy Council would be treated in the same way. Cases that do not follow the stare decisis principle are said to have been decided per incuriam.

Per incuriam

The principles of per incuriam is an exception to the stare decisis rule, and was established in the case of Young v Bristol Aeroplane Limited [1944] K.B. 718. In the case of A B C & D v E, the justices noted that, had the court, in the cases of Morgan & Morgan Trust Corporation v Fiona Trust & Holding Corporation et al (No.13 of 2005) and TSJ Engineering Consultant Ltd. v Al Rushaid Petroleum Investment Company and another (No. 24 of 2010) two cases from the Virgin Islands, “been properly assisted with the authorities that were available at that time, the case would have been decided differently.” They therefore concluded that the decisions were arrived at per incuriam, (Latin) that is, “through lack of care”. In short, in the decisions the judges did not take into account relevant precedents.
TSJ Engineering Consultant Ltd. v Al Rushaid Petroleum Investment Company and another Morgan & Morgan Trust Corporation v Fiona Trust & Holding Corporation et al, used the same rational and decided that Norwich Pharmacal relief for disclosure of information could not be classified as injunction or final decision and hence leave of the Court had to be sought. In A B C & D v E (HCVAP 2011/001), the judges did not follow the above precedent. They found other persuasive and binding precedents.

Exceptions

The exceptions to stare decisis were restated in the case of Brandwood & others Bakewell Management Limited in the Court of Appeal in England in 2003. Ward LJ stated (a) when the Court is confronted with two conflicting decisions of its own, then it may decide which of two decisions it will follow. (b) a decision of its own though not expressly overruled, cannot in its opinion stand with a decision of a higher court ( in this case the Privy Council) which is binding. (c) the court is satisfied that its prior decision was given per incuriam. He also sets out the guiding principles for a court to follow when it concludes that a decision is per incuriam.

Ada Johnson is a solicitor and barrister-at-law. E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Domestic worker killed at Long Wall
    Front Page
    Domestic worker killed at Long Wall
    Webmaster 
    September 12, 2025
    FAMILY MEMBERS of a woman who was killed at Long Wall say they suspect their relative was hacked by a person they all know very well. On Tuesday, Sept...
    Front Page
    NDP never built a single house in SVG – Finance Minister
    Webmaster 
    September 12, 2025
    THE IDEA THAT HOUSING is a right, that every Vincentian has a right to safe and secure housing, and that the government has a role to play in ensuring...
    No bail for Police officer charged with attempted murder
    Front Page
    No bail for Police officer charged with attempted murder
    Webmaster 
    September 12, 2025
    A POLICE OFFICER, who allegedly stabbed his ex-girlfriend 26 times about her body was remanded even as his lawyer argued that the Royal St Vincent and...
    Front Page
    New ULP Administration will roll out AI policy
    Webmaster 
    September 12, 2025
    A NEW UNITY LABOUR PARTY ADMINISTRATION will be rolling out an Artificial Intelligence (AI) policy to embrace its positives and guard against the nega...
    Sandy Bay Secondary School marks 20th Anniversery
    Front Page
    Sandy Bay Secondary School marks 20th Anniversery
    Webmaster 
    September 12, 2025
    TUESDAY, SEPTEMBER, 9,2025 was a memorable day for the staff and students of the Sandy Bay Secondary School, which was marking its 20th anniversary wi...
    Foundation implements community driven project in SVG
    News
    Foundation implements community driven project in SVG
    Webmaster 
    September 12, 2025
    THE ASHLEY LASHLEY Foundation, with support from the United States Government, is implementing a local-level project entitled “Community-Driven Strate...
    News
    Foundation implements community driven project in SVG
    News
    Foundation implements community driven project in SVG
    Webmaster 
    September 12, 2025
    THE ASHLEY LASHLEY Foundation, with support from the United States Government, is implementing a local-level project entitled “Community-Driven Strate...
    Skills not available locally, non-nationals have to be hired says Finance Minister
    News
    Skills not available locally, non-nationals have to be hired says Finance Minister
    Webmaster 
    September 12, 2025
    NON- NATIONALS ARE being hired to fill several jobs in St Vincent and the Grenadines (SVG) simply because locals did not have the required skill sets....
    Montgomery Daniel squashes rumours that he’s sick
    News
    Montgomery Daniel squashes rumours that he’s sick
    Webmaster 
    September 12, 2025
    DEPUTY PRIME MINISTER Montgomery Daniel has sought to clear around rumours that have been circulating relating to his health. Speaking on NBC radio on...
    News
    $1.3 billion in Tourism investment to yield 2,000 jobs – Camillo
    Webmaster 
    September 12, 2025
    The GOVERNMENT of St Vincent and the Grenadines is set to sign agreements for tourism investment of $1.3 billion on mainland St.Vincent. On Monday, Se...
    Bagga’ man pleads guilty to illegal gun, ammo possession
    From the Courts, News
    Bagga’ man pleads guilty to illegal gun, ammo possession
    Webmaster 
    September 12, 2025
    A BARROUALLIE MAN will be sentenced next week after pleading guilty to being in illegal possession of a firearm and eight rounds of ammunition. Demron...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok