R. v. Porter [1949] 2 KB 128

Citation:R. v. Porter [1949] 2 KB 128

Rule of thumb:What happens if there is a case with facts & a decision which does not follow the rationale of other similar cases? This case is wrong – it is considered as being impliedly repealed & overruled, even though no higher up Court has actually expressly said so.

Judgment:

. ‘When you find that a case, whether it has been expressly overruled or not by the final Court of appeal, has been dealt with, or the facts, which were the governing facts in a particular case, have been regarded in a totally different manner by the final Court of appeal, so that it is obvious in the final Court of appeal that the cause was wrongly decided, then whether they have in terms said they overrule the case or not, this Court ought to treat the case as overruled’, Lord Goddard at 132

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.