Minister of Pensions v Higham: KBD 15 Apr 1948

The court considered the application of the doctrine of stare decisis when faced with conflicting earlier decisions.
Held: Denning J said that the ‘general rule’ is that: ‘where there are conflicting decisions of courts of co-ordinate jurisdiction, the later decision is to be preferred, if it is reached after full consideration of the earlier decision.’
References: [1948] 2 KB 153, [1948] 1 All ER 863
Judges: Denning J
Statutes: War Pensions (Naval Auxiliary Personnel) Scheme 1946, Pensions (Mercantile Marine) Act 1942
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Colchester Estates (Cardiff) v Carlton Industries plc ChD 30-Mar-1984 ([1986] Ch 80, [1984] 2 All ER 601)
    If a decision of a court has been reached after full consideration of an earlier decision which went the other way, it should not be open to review on a third occasion when the same point arose for decision.
    Nourse J said: ‘There must come a . .
  • Cited – In re Lambeth Cemetery ConC 28-Jul-2020 ([2020] WLR(D) 448, )
    The petitioner sought the exhumation of his still born son so that he could be buried alongside his wife who had died several years later.
    Held: There had been conflicting decisions as to what amounted to a good and proper reason for an . .

These lists may be incomplete.

Last Update: 16 November 2020; Ref: scu.655680