Evidence, Practice and Procedure: Stare decisis does not apply where statute overrides

Two recent decisions of the Court of Appeal have allowed appeals in family law cases on grounds that the principle of stare decisis did not apply because decisions of the court below were wrong (in the second cases (Petrodel Resources Ltd & Ors v Prest & Ors [2012] EWCA Civ 1395) permission to appeal to the Supreme Court has been given and the appeal heard: judgement is awaited).

In P v P [2012] EWHC 1733 (Fam) Moylan J ordered production in financial remedy proceedings of information to Mrs Gohil against the Crown Prosecution Service (under Family Procedure Rules 2010 r 21.2). The information had been provided to CPS under international provisions intended to assist criminal prosecution; but Moylan J considered himself bound by the Court of Appeal in in BOC Limited v Instrument Technology Limited [2002] QB 537 (‘BOC'). The information was to assist Mrs Gohil in her application to have set aside an existing financial order. In Crown Prosecution Service &...

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