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Court of Appeal allows appeal due to judicial irregularity
20 December 2011
In this case the Court of Appeal found that the Judge below had not followed a higher Court's decision, had not given reasons for failing to do so and made a decision contrary to the way in which it was being argued. The Court of Appeal made it clear that the Judge was not entitled to disregard a higher Court's decision, however much he may have disagreed with it and however much he considered that it could not be reconsciled with previous decisions of the House of Lords. Further, it was wrong of the Judge to decide an appeal on a basis contrary to the way it had been argued. Appeal allowed.
Carley Sayce v TNT (UK) Ltd [2011] EWCA Civ 1583
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