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When Can the Court of Appeal Decide Not to Follow

Question 8

Multiple Choice

When can the Court of Appeal decide not to follow a decision made by the House of Lords/Supreme Court?


A) When the House of Lords'/Supreme Court decision was made per incuriam.
B) When cessante ratione legis, cessat ipsa lex.
C) When the House of Lords'/Supreme Court decision is clearly wrong, and both the reasoning and the decision should be departed from.
D) Never.
E) When the rules set out by the 1966 Practice Statement apply.

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