... incuriam', meaning in error. Thirdly, court hierarchy comes into contention, in which decisions made high up in the hierarchy are binding in all lower courts. Judges can overrule decisions made lower in court hierarchy and overrule past decisions made in their own court. For example, The House of Lords on R v R marital rape case. Before the law was changed, it was legal for a man to have sexual intercourse with his wife without her consent. The House of Lords abolished this law in 1991 and it became illegal for a man to have sexual intercourse with his wife without her consent. The House of Lords could do this due to the 1966 practice direction which said that the House of Lords was no longer bound by its previous decisions. Judges are able to distinguish on facts; this is effectively creating new law. Judges can ...

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