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
    Caribbean Air Travel Disrupted Following US Military Strike on Venezuela
    Breaking News
    Caribbean Air Travel Disrupted Following US Military Strike on Venezuela
    Forrest 
    January 3, 2026
    A US military strike on Venezuela early Saturday morning, Saturday, January, 3 2026 has led to widespread flight disruptions between the US and severa...
    Venezuela accuses Washington of Cowardly Bombing Civilians and Urges International Community to Break Silence
    Breaking News
    Venezuela accuses Washington of Cowardly Bombing Civilians and Urges International Community to Break Silence
    Forrest 
    January 3, 2026
    In the wake of a military attack on Venezuela on Saturday, January 3, 2026,in which the Venezuela President, Nicolas Maduro and his wife were removed,...
    Education calls Vincentians to support Questelles Gov’t School post-fire
    News
    Education calls Vincentians to support Questelles Gov’t School post-fire
    Webmaster 
    January 2, 2026
    Minister of  Education, Vocational Training, Innovation and Digital Transformation Phillip Jackson is asking Vincentians to contribute to the Questell...
    Union Island students, teachers to leave temporary facility at Arnos Vale
    News
    Union Island students, teachers to leave temporary facility at Arnos Vale
    Jada 
    December 30, 2025
    Twenty-four students and eight teachers from Union Island will vacate their temporary school facility at Arnos Vale- the former SVG Teachers College c...
    Man dies after stabbing incident
    Breaking News
    Man dies after stabbing incident
    Webmaster 
    December 30, 2025
    Police are investigating the stabbing death of Villa resident Brandon Child Reports are that Child was involved in an argument with a family member at...
    Vincentian Sailor’s hurricane assistance earns him an MBE from The King
    News
    Vincentian Sailor’s hurricane assistance earns him an MBE from The King
    Forrest 
    December 29, 2025
    A sailor who used his naval expertise to help his native Caribbean island when hit by a one of the most powerful storms of recent years has been made ...
    News
    Education calls Vincentians to support Questelles Gov’t School post-fire
    News
    Education calls Vincentians to support Questelles Gov’t School post-fire
    Webmaster 
    January 2, 2026
    Minister of  Education, Vocational Training, Innovation and Digital Transformation Phillip Jackson is asking Vincentians to contribute to the Questell...
    Union Island students, teachers to leave temporary facility at Arnos Vale
    News
    Union Island students, teachers to leave temporary facility at Arnos Vale
    Jada 
    December 30, 2025
    Twenty-four students and eight teachers from Union Island will vacate their temporary school facility at Arnos Vale- the former SVG Teachers College c...
    Vincentian Sailor’s hurricane assistance earns him an MBE from The King
    News
    Vincentian Sailor’s hurricane assistance earns him an MBE from The King
    Forrest 
    December 29, 2025
    A sailor who used his naval expertise to help his native Caribbean island when hit by a one of the most powerful storms of recent years has been made ...
    NDP Administration to introduce CBI programme in 2026
    News
    NDP Administration to introduce CBI programme in 2026
    Webmaster 
    December 29, 2025
    Prime Minister, Dr. Godwin Friday, has made it clear that his New Democratic Party (NDP) administration will be introducing a Citizenship by Investmen...
    Nine Mornings 2025 winners announced
    News
    Nine Mornings 2025 winners announced
    Jada 
    December 29, 2025
    Corea’s City Store, Villa Top Hull’s Residence, Dillon Ferdinand, Moketo Stanley, Olivia DaSilva, Anthony Jardine, Larnette and Koby Gurley, Rose Hall...

    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