SQE Daily.

Status of Privy Council decisions in the courts of England and Wales (Willers v Joyce)

In October 2026 a High Court judge in London is trying a common law claim in England and Wales. The defendant, Okonjo Ltd, relies on a 2018 decision of the Court of Appeal (Civil Division) which is directly in point. The claimant, Priya Raman, relies on a 2024 decision of the Judicial Committee of the Privy Council on an appeal from an overseas jurisdiction whose common law on the point is the same as that of England and Wales. The Board said that the 2018 Court of Appeal decision was wrong, but it did not direct that courts in England and Wales should treat its own decision as representing English law. There is no relevant decision of the House of Lords or the Supreme Court.

Which of the following best describes how the High Court judge should proceed?

Choose one answer to see the reasoning.

  1. Legal System of England and Wales · FLK1No. 19

    Court of Appeal and its own previous decisions (Young v Bristol Aeroplane)

    Which of the following best describes whether the Court of Appeal may decline to follow its 2019 decision?

  2. Ethics & Professional Conduct · FLK1No. L135

    Duty to cite an adverse Court of Appeal decision the opponent has missed (Code 2.7)

    Which of the following best describes what Daniel must do?

  3. Legal System of England and Wales · FLK1No. 33

    Using Hansard to interpret a statute: the conditions in Pepper v Hart [1993] AC 593

    Which of the following best describes the extent to which the court may consider this Parliamentary material?