Reading a Case Exercise 2

Answers

In which court was the judgment given?

Explain the importance of the status of a precedent. In this case the court giving judgment was the Queen's Bench Division of the High Court. The case would also have additional weight given that the judgment was that of the Lord Chief Justice.

Consider how the doctrine of precedent works in the High Court.

Note the importance of tracing the subsequent judicial history of a case (using Current Law Case Citator or LexisNexis or Westlaw) as the Pharmaceutical Society case went on appeal to the Court of Appeal and the decision of Lord Goddard was affirmed. In consequence, the Pharmaceutical case is now a precedent of the Court of Appeal and is binding on all the courts below and is binding on future sittings of the Court of Appeal.

Note that there is a Westlaw link (below) to the High Court judgment in the Pharmaceutical case. In the top left hand corner of the screen containing information on the case you will find a button "History", this indicates what has happened to the case since it was decided and whether it is still good law. It is important to find out what subsequently happens to a case.

If you click on [1953] 1 QB 401 this will take you to the Court of Appeal judgment, click on "History" and see what has happened to the case in subsequent cases.

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