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Occupational Safety and Health Case Law

Common Law began as an unofficial practice among judges and other experts, where the transcripts of disputes in Royal Courts were circulated –  eventually, this developed into a formally approved system of precedent, where cases considered to be significant, were documented and later used as authority for specific rules of law.

Precedent is still only set by the superior courts (House of Lords, Court of Appeal, High Court) and is binding on courts of equal and lower rank (Crown Court, County Court, Magistrate’s Court etc.).

Judicial Precedent

Decisions made by judges have authority within the system of law. Many precedents are binding - this means that the principle of law set down by a previous judgement will be binding, in courts of equal or lower rank, in subsequent cases found on similar facts. Precedent can be either authoritative or persuasive:

Authoritative precedent refers to judgements made by higher courts that bind the lower courts.

Persuasive precedent refers to judgements which are not binding upon a court, however, a judge may choose to take them into consideration (for example cases in the USA or Commonwealth).

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