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
    Mother of injured boy feels lost and depressed
    Front Page
    Mother of injured boy feels lost and depressed
    Webmaster 
    June 19, 2026
    THE MOTHER of a nine-year-old boy whose son sustained an injury at the Kingstown Preparatory School (KPS) on Wednesday October 22nd, 2025, that has le...
    Cruise Ship and Ferry Berth lease a great idea says Tourism Minister
    Front Page
    Cruise Ship and Ferry Berth lease a great idea says Tourism Minister
    Webmaster 
    June 19, 2026
    THE DECISION by the government of St Vincent and the Grenadines (SVG), to enter into a 30 year lease agreement of the Cruise Ship and Ferry Berth with...
    Strict enforcement of No Bottle policy at Park – Bailey
    Front Page
    Strict enforcement of No Bottle policy at Park – Bailey
    Webmaster 
    June 19, 2026
    DEPUTY COMMISSIONER of Police (Ag) Trevor Bailey has said there will be strict enforcement of the no bottle policy at Independence Park during VincyMa...
    ‘No Gun’ policy at Independence Park
    Front Page
    ‘No Gun’ policy at Independence Park
    Webmaster 
    June 19, 2026
    LICENSED FIREARM HOLDERS who have their firearm with them will not be allowed to enter Independence Park to patronise any of the shows, Acting Deputy ...
    Thirteen, and ‘Wild Card Pick’ in the Soca Finals this year
    Front Page
    Thirteen, and ‘Wild Card Pick’ in the Soca Finals this year
    Webmaster 
    June 19, 2026
    RATHER GREEN ON the Soca scene, his song nevertheless has been making waves, and, having won the South Leeward Soca Monarch title Kevon ‘Sick O’ Shall...
    Mirage pays tribute to ‘Becks’ as it marks 40 years in Mas
    Front Page
    Mirage pays tribute to ‘Becks’ as it marks 40 years in Mas
    Webmaster 
    June 19, 2026
    AS PREPARATIONS intensify for VincyMas 2026, Mirage Productions is combining tradition with innovation as it pays tribute to its late founder, while a...
    News
    News
    Ragga Soca finalists tune up for big show down
    Webmaster 
    June 19, 2026
    ON SUNDAY, JUNE 14, 2026, the night of the Bid Bad Ragga Soca Monarch, don’t think you are seeing doubles if you see some artistes appearing on stage ...
    From the Courts, News
    Teen gets suspended sentence for illegal ammunition possession
    Webmaster 
    June 19, 2026
    A TEENAGER, WHO found a bullet in the road and kept it in his house, has received a suspended sentence. Dwayne Jackson, 19, of Richland Park appeared ...
    News
    Woman says Green Hill Programme employees still awaiting payment
    Webmaster 
    June 19, 2026
    AN EMPLOYEE attached to the Green Hill Mobilisation Programme is raising concerns after reportedly going without pay since April, 2026, despite repeat...
    From the Courts, News
    ‘Reckless’ drivers hit with fines and suspended licenses
    Webmaster 
    June 19, 2026
    THREE VAN DRIVERS who operate on the Leeward side of the mainland will have to look for another way to earn a living, at least for the next six months...
    Twenty-two named for Calypso semis-finals Fantastic Friday
    News
    Twenty-two named for Calypso semis-finals Fantastic Friday
    Webmaster 
    June 19, 2026
    SIX FEMALES ARE among the 22 calypsonians named following the preliminaries to go on to the calypso semi- finals on Fantastic Friday, June 26, 2026, a...

    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