- Cited — Daniel Richard Jwanczuk v Secretary of State for Work and Pensions 2023-10-11
“…icient to justify a departure from the Abbott v Philbin rule; but generally I believe Courts should be very slow to take that course. In Morelle Ltd v Wakeling [1955] 2 QB 379 the Court of Appeal rejected the argument that the per incuriam doctrine permitted it “to disregard an earlier decision of its own or of a court of co-ordinate…”
- Cited — Mercy Global Consult Limited (in liquidation) v Abayomi Adegbuyi-Jackson & Ors 2023-10-04
“…In Morelle Ltd v Wakeling [1955] 2 QB 379 Sir Raymond Evershed MR delivering the judgment of a Court of Appeal consisting of five judges said at 406-407:…”
- Cited — The Mayor and Burgesses of the London Borough of Tower Hamlets v Ali Jivaraj Khan 2022-06-21
“…In Morelle Ltd v Wakeling [1955] 2 QB 379, the Court of Appeal returned to the question of when it was free to depart from a previous decision of the Court. Evershed MR, giving the judgment of the Cour…”
- Cited — Ho v Adelekun 2020-04-09
“…In Morelle Ltd v Wakeling [1955] 2 QB 379, the Court of Appeal returned to the question of when it was free to depart from a previous decision of the Court. Evershed MR, giving the judgment of the Cour…”
- Cited — Ho v Adelekun 2020-04-09
“…t can be described as per incuriam in accordance with the principles established in Young v Bristol Aeroplane Co Ltd [1944] 1 KB 719 and Morelle Ltd v Wakeling [1955] 2 QB 379. Examples given in the former case of decisions given per incuriam were decisions made in ignorance of the terms of a statute or a rule having the force of the…”
- Followed — DN (Rwanda) v The Secretary of State for the Home Department 2018-02-22
“…n was demonstrably wrong. This is clear from the following passage from the judgment of Lord Evershed MR giving the judgment of the Court in Morelle v Wakeling [1955] 2 QB 379 at 406:…”