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Editorial: Can the Court of Appeal make mistakes? - Aidan Ellis, Temple Garden Chambers

26/01/12. The recent case in Sayce v TNT 2011 EWCA Civ 1583 is remarkable on its facts, since HHJ Harris QC declined to follow the directly relevant Court of Appeal decision in Copley v Lawn 2009 EWCA Civ 580. Not only did this ignore the doctrine of precedent, but it also went behind the basis on which the parties had argued the case in front of him. Of course, this alone was sufficient to...

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