The Court of Appeal frequently changes its mind.
Tony Smith
Information Officer
Citizens' Advice
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-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: 16 January 2004 20:20
To: [log in to unmask]
Subject: Re: OIC and Durant
> Tony Bowden on Friday, January 16, 2004 at 5:01 PM said:-
> Unfortunately the Court of Appeal isn't really allowed to
> change its mind; its past decisions are binding on itself.
> This decision would now have to be overturned by the House of Lords.
What would happen if the Court of Appeal made a decision which was not
compliant with the Human Rights Act?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Tony Bowden
> Sent: Friday, January 16, 2004 5:01 PM
> To: [log in to unmask]
> Subject: Re: OIC and Durant
>
>
> On Fri, Jan 16, 2004 at 04:22:09PM -0000, Hubert, Paul [STU] wrote:
> > An alternative view is that the Court of Appeal lost the
> plot and if
> > Durant isn't appealed another case will need to go to the
> CA so it can
> > find a nice way of changing its mind.
>
> Unfortunately the Court of Appeal isn't really allowed to
> change its mind; its past decisions are binding on itself.
> This decision would now have to be overturned by the House of Lords.
>
> That means the case would need to be taken by someone with
> really deep pockets, and as these cases almost always, by
> definition, come down to lone individual vs large
> organisation, I'm skeptical of that happening, unless a
> privacy group or the like decides to fund a test case.
>
> Tony
>
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