Per incuriam: Difference between revisions

From ACT Wiki
Jump to navigationJump to search
imported>Doug Williamson
m (Category added 8/10/13)
imported>Doug Williamson
m (Changed 'mistake' to 'characterised by lack of due regard to the law or the facts' as per Oxford English Dictionary see http://www.oxforddictionaries.com/definition/english/per-incuriam)
 
Line 3: Line 3:
Latin phrase meaning, 'through the want of care'.  
Latin phrase meaning, 'through the want of care'.  


A decision per incuriam is one which a subsequent court finds to be a mistake, and therefore not of binding precedent.
A decision per incuriam is one which a subsequent court finds to be characterised by lack of due regard to the law or the facts, and therefore not of binding precedent.




Line 10: Line 10:
* [[Judicial precedent]]
* [[Judicial precedent]]


[[Category:Regulation_and_Law]]
[[Category:Compliance_and_audit]]

Latest revision as of 16:40, 25 January 2014

Law.

Latin phrase meaning, 'through the want of care'.

A decision per incuriam is one which a subsequent court finds to be characterised by lack of due regard to the law or the facts, and therefore not of binding precedent.


See also