Publication Type
Journal Article
Version
acceptedVersion
Publication Date
5-2020
Abstract
A number of Masters and a Registrar have recently indicated that they, when exercising High Court jurisdiction, are not bound strictly to follow prior decisions made by Judges in the High Court. This represents a notable departure from the position established by and within the High Court, where since the Judicature Acts of 1873 and 1875 an unquestioning obeisance of the Master and Registrar towards such decisions has been generally expected and offered. Delving into questions of power, authority and jurisdiction, and examining relevant legislation such as the Civil Procedure Rules, this article constructs and analyses various arguments for and against recognising the co-equivalence of decisions of Judges, Masters and Registrars in the High Court.
Keywords
precedent; High Court; statutory interpretation
Discipline
Courts
Research Areas
Asian and Comparative Legal Systems
Publication
Legal Studies
First Page
1
Last Page
22
ISSN
0261-3875
Identifier
10.1017/lst.2020.10
Publisher
Cambridge University Press (CUP): HSS Journals
Citation
LAU, Kwan Ho.
Precedent within the high court. (2020). Legal Studies. 1-22.
Available at: https://ink.library.smu.edu.sg/sol_research/3118
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1017/lst.2020.10