A precedent is a judgment or decision of a court of law cited as an authority for deciding a similar set off facts; a case which serves as an authority for the legal principle embodied in its decision. Decisions of the High Court of Justice Isle of Man and the Staff of Government Division are authoritative precedents. Judgments from other commonwealth jurisdictions are persuasive precedents.
This article seeks to summarise the legal position in Manx Law of referring to precedents from other commonwealth jurisdictions.
Applying English Decisions – Some Key Cases
The Appeal Division in Dominator Limited v Gilberson SL (judgment May 1 2009) stated:
91. We note that Mr Jacobs also made reference to Frankland v R [1987-89] MLR 65, at 80, where Lord Ackner observed that:
Decisions of English courts, particularly decisions of the House of Lords and the Court of Appeal in England, are not binding on Manx courts, but they are of high persuasive authority…Such decisions should generally be followed unless there is some provision to the contrary in a Manx statute, or there is some clear decision of a Manx court to the contrary, or exceptionally, there is some local condition which would give good reason for not following the particular English decision.
Read the full article here: Which precedents can be applied to cases in the Isle of Man?