Is the Court of Appeals overly fettered by precedent?
In Davis v. Johnson [1979] AC 264 Lord Denning said “It is said that, if an error has been made, this court has no option but to continue the error and leave it to be corrected by the House of Lords. The answer is this: the House of Lords may never have an opportunity to correct the error; and thus it may be perpetuated indefinitely, perhaps for ever.” “There have been many instances where cases have been settled pending an appeal to the House of Lords; or, for one reason or another, not taken there, especially with claims against insurance companies or big employers. When such a body has obtained a decision of this court in its favour, it will buy off an appeal to the House of Lords by paying ample compensation the appellant. By so doing, it will have a legal precedent on its side which it can use with effect in later cases” “By such means an erroneous decision can be perpetuated forever. Even if all those objections are put on one side and there is an appeal to the House of Lords, it
