Many thanks,
It had seemed to me that to always lock oneself into a concrete situation,
without providing any other options for particularly difficult circumstances
would seem like a recipe for an illogically rigid structure. Somehow that
did not fully equate with stability in a changing society, particularly in
such a varied area as DP.
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: Saturday, January 17, 2004 8:49 AM
> To: [log in to unmask]
> Subject: Re: OIC and Durant
>
>
> On Fri, Jan 16, 2004 at 08:20:15PM -0000, Ian Welton wrote:
> > > 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?
>
> My memory on all this stuff is pretty hazy - hopefully one of
> the lawyers on the list will step in and give you the proper answer.
>
> In theory this is one of the exemptions to the CA being
> binding on itself. However, I would imagine that this is only
> rally used in practice for judgments that were first made
> before the introduction of HRA.
>
> Tony
> ~
>
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