Duke of Buccleuch v Alex Cowan and Sons, (1876) 4 R (HL) 14
Citation:Duke of Buccleuch v Alex Cowan and Sons, (1876) 4 R (HL) 14
Rule of thumb:Do Judges have to follow the general practices of other Judges in Court and treat all litigants & representatives the same way? Yes, Judges all have to follow the same procedures & practices in Court and treat everyone the same way before making a final decision.
Judgment:
The Court held that where procedure and practice of running litigation has been repeated many times clearly by other Judges in the past, then the Judge in the case should not depart from that unless it is utterly sure that these other cases have been founded upon erroneous principles, or indeed the case before them is exceptional for a special reasons.
Ratio-decidendi:
‘In matters of procedure and practice, and still more in matters of discretion, and, above all, where the Judges of the Court below are unanimous as to a matter of procedure and practice, the uniform practice of your Lordships’ House has been not to differ from that opinion unless your Lordships are perfectly satisfied that it is founded upon erroneous principles’, Lord Chancellor Cairns
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.