The Practice Statement of 1966, cited as Practice Statement (1996) 3 All ER 77, was a significant judicial announcement made by the House of Lords (now the Supreme Court of the UK) on July 26, 1966.
It marked a departure from the long-standing principle that the House of Lords was bound by its previous decisions.
Background
Prior to the Practice Statement, the House of Lords followed the doctrine of stare decisis, meaning it considered itself bound by its own previous decisions, providing certainty and stability in law.
This rigidity made it difficult to overturn outdated or incorrect decisions.
Key Changes Introduced
The Practice Statement introduced a new approach allowing the House of Lords to depart from its previous decisions in exceptional cases.
The relevant excerpt states:
"Your Lordships do not treat former decisions of this House as necessarily binding. We consider that in some circumstances it is right that we should be able to reconsider a previous decision."
Implications
The Practice Statement provided the House of Lords with greater flexibility to adapt the law to changing circumstances and address past errors.
It acknowledged the necessity for the law to evolve in response to new legal, social, and technological developments.
However, it emphasized that the power to depart from precedent should be used sparingly and on a case-by-case basis.
Significance
This statement marked a significant shift in the approach to precedent in UK law.
It influenced the development of the common law system by balancing the need for judicial correction with the importance of certainty and consistency in the legal system.