... decided, the Judge may refuse to follow the earlier case ration when, "it appears right to do so". An example of this is the case of Herrington V British Railways Board (1972), which involved the law on the duty of care, owed to a child trespasser. The earlier case of Addie V Dumbreck (1929) had decided that an occupier of land would only owe a duty of care to injuries to a child trespasser, if those injuries had been caused deliberately or recklessly. In Herrington the Lords held that social and physical conditions has changed since 1929 and the law should also change. However, as there must be certainty in the law Judges are reluctant to use the Practice statement (8 times in 1999), but it does allow Judges flexibility in the development of the law. The next level down the hierarchy is the Court of Appeal; both divisions are ...

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