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Civil procedure

02 September 2010
Issue: 7431 / Categories: Case law , Law digest
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R (on the application of B) v Islington London Borough Council [2010] All ER (D) 97 (Aug)

The Administrative Court would accord the respect implied by previous authorities to decisions of the Upper Tribunal. The mutuality of respect required of judicial institutions demanded that the Upper Tribunal follow the decisions of the Administrative Court. It was also essential to the system of legal principles and to the common law legal system. Though strictly speaking the Administrative Court was not bound by decisions of other High Court judges, judicial comity and the common law method obliged it to follow them, unless for a particular reason their decision was thought to be wrong.

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