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The Practice Statement [1966] 3 All ER 77 was a statement made in the House of Lords by Lord Gardiner LC on 26 July 1966 on behalf of himself and the Lords of Appeal in Ordinary, that they would depart from precedent in the Lords in order to achieve justice.
STATEMENTS TO THE HOUSE JUDICIAL PRECEDENT. 26 July 1966—BY THE LORD CHANCELLOR (LORD GARDINER) 'Before judgments are delivered today, I wish to make the following statement on behalf of myself and the Lords of Appeal in Ordinary:
This chapter focuses on the Practice Statement by the Lord Chancellor (Lord Gardiner) and the Lords of Appeal in Ordinary on July 26, 1996, before judgments were given in the House of Lords, which dropped a pebble into the judicial pool that produced not merely a few ripples but also a seismic wave in English juridical thinking.
Q1) ‘The Practice Statement 1966 is a good example of how, within the system of binding precedent, judges have developed sufficient scope for the law to remain flexible and responsive to social change.’ Explain why the Practice Statement 1966 was introduced and discuss its use and whether it creates a desirable level of judicial flexibility.
Feb 24, 2023 · The Practice Statement, a statement made in the House of Lords on 26 July 1966, was a bold move. It was a departure from the established practice of following precedent, taken by the Lords of Appeal in Ordinary, who were the highest judges in the land.
Jan 7, 2022 · The rule which, immediately on its enunciation in 1898, faced the difficulties described by Glanville Williams, might by 1966, by reason of that practice, have become a rule both descriptive of past practice, and also prescriptive of a rule of law binding in the future.
The Practice Statement [1966] 1 WLR 1234 stated that although the House of Lords would treat its decisions as normally binding it would depart from these when it appeared right to do so. This power has been used sparingly.
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