Willers v Joyce (No 2) [2016]

Willers v Joyce (No. 2) [2016] UKSC 44 is a pivotal authority on the doctrine of judicial precedent and clarifies the relationship between decisions of the Judicial Committee of the Privy Council (JCPC) and the binding case law of the English courts. The case involved the legal question of whether the tort of malicious prosecution extends to civil as well as criminal proceedings. The claimant sought to rely on a recent Privy Council decision (Crawford Adjusters v Sagicor), while the defendant relied on the House of Lords decision in Gregory v Portsmouth, which held the contrary.

While the High Court judge recognised the persuasive value of the Privy Council ruling, she concluded she was bound by the House of Lords’ earlier decision unless she could be satisfied that it was a “foregone conclusion” that the Supreme Court would adopt the Privy Council’s reasoning on appeal. However, the Supreme Court ultimately allowed the appeal and agreed with the Privy Council’s reasoning in Crawford, thereby recognising malicious prosecution of civil proceedings as a valid tort in English law.

More importantly, the Supreme Court used the opportunity to restate the legal status of Privy Council decisions. It ruled that lower courts, including the High Court and Court of Appeal, must not treat Privy Council decisions as binding when there is a conflicting decision from a court that is otherwise binding on them, such as the House of Lords or Supreme Court. Lord Neuberger emphasised that this is an absolute rule. A lower court cannot treat a Privy Council decision as binding even if it believes the Supreme Court would be likely to follow it. This clarified and overturned earlier judicial suggestions that a judge could follow a Privy Council decision over binding precedent where it seemed a “foregone conclusion” that the higher court would agree.

However, the Supreme Court also introduced a new procedural mechanism: if an appellant explicitly invites the Privy Council to depart from a binding precedent of the Supreme Court, House of Lords, or Court of Appeal, the Privy Council panel, typically made up of Supreme Court justices, may, if appropriate, issue a judgment that not only overrules the earlier binding decision but also expressly directs that the Privy Council’s decision is to be treated as representing the law of England and Wales. This ensures a structured and authoritative method for revisiting binding precedents while maintaining clarity in the doctrine of precedent.

This ruling is significant because it reinforces the hierarchy of precedent, ensuring certainty in the law and preventing lower courts from bypassing binding authorities based on speculation. It also preserves the persuasive authority of Privy Council decisions while establishing a mechanism for them to acquire binding status in domestic law through express direction. The case thereby strengthens the integrity of judicial precedent in England and Wales and ensures that any development or departure from established case law is properly channelled through the higher courts.

Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get fully prepared for SQE1 without breaking the bank. Access cost-effective SQE study manuals and 2000 practice questions developed by UOLLB, edited by lawyers, and published by UOL Press.

Turbocharge SQE Performance
UOL Case Bank

UOL Case Bank

Upon joining, you become a valuable UOL student and gain access to over 2,200 essential case summaries. UOL Case Bank is approved by UOL School of Law and is constantly expanding. Speed up your revision with us now.

Subscribe Now

Join students and legal professionals from Legal 500 firms, top universities and international organisations who trust UOLLB

Council of Europe
Crown Prosecution Service
Ministry of Defence
Baker Mckenzie
Linklaters
Atsumi & Sakai
Yale University
University of Chicago
Columbia University
New York University
University of Michigan
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Arizona State University
McGill University
Toronto Metropolitan University
University of Hong Kong (HKU)
Hong Kong University of Science and Technology (HKUST)
University of Buckingham
Robert Gordon University
ESSEC Business School
University of Puerto Rico

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Skills

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.