Circuit court ruling binding?

Our man in Havana

Just saw on the news much crowing about a circuit court ruling proclaiming to close off a loophole in the speeding laws.

Now I always thought that circuit courts were not courts of record and their decisions whilst persuasive are not binding on other judges?

I fully expect this ruling to be appealed further.

Jo King

Bond-007 wrote: »

Just saw on the news much crowing about a circuit court ruling proclaiming to close off a loophole in the speeding laws.

Now I always thought that circuit courts were not courts of record and their decisions whilst persuasive are not binding on other judges?

I fully expect this ruling to be appealed further.

The Circuit Court is a court of record as is the District Court. Circuit Court rulings bind the District Court. If the case was already an appeal from the District Court (almost certainly was) no further appeal is possible.

Our man in Havana

Thanks for that.

Say someone else appeals to another circuit judge, is that judge bound by his colleagues decision?

Jo King

Bond-007 wrote: »

Thanks for that.

Say someone else appeals to another circuit judge, is that judge bound by his colleagues decision?

Technically not. It is regarded as persuasive. Written judgments are rarely given in the Circuit Court and hence very few decisions of the Circuit Court are ever reported. It is thus very difficult to establish that there was in fact a decision and what the facts were.

Victor

Jo King wrote: »

If the case was already an appeal from the District Court (almost certainly was) no further appeal is possible.

I thought you could appeal all the way up.

Our man in Havana

Jo King wrote: »

The Circuit Court is a court of record as is the District Court. Circuit Court rulings bind the District Court. If the case was already an appeal from the District Court (almost certainly was) no further appeal is possible.

Victor wrote: »

I thought you could appeal all the way up.

If a future appellant was in a similar situation in the District Court is there any way of forcing it to the High Court? Would that be possible as a case stated?

Jo King

Victor wrote: »

I thought you could appeal all the way up.

Well now you know better. It is possible that there can be judicial review in the High Court from this decision an an appeal from the judicial review to the Supreme Court.

Jo King

Bond-007 wrote: »

If a future appellant was in a similar situation in the District Court is there any way of forcing it to the High Court? Would that be possible as a case stated?

Possibly. It can always be judicially reviewed. Most unlikely in a speeding offence. Unles someone is losing their licence and has a lot of money or no money then it would not be justified.

Victor

Jo King wrote: »

Well now you know better. It is possible that there can be judicial review in the High Court from this decision an an appeal from the judicial review to the Supreme Court.

Do I take it that it would be on points of law, not on fact?

Our man in Havana

Yes.