Per incuriam refers to a legal term denoting a judge’s decision that is deemed incorrect due to their lack of knowledge or forgetfulness regarding the applicable law in a case. This situation may arise when a judge fails to consider a previous decision that should have been followed or when they are unaware of a relevant law. A decision made per incuriam holds no authority and cannot serve as a precedent for future cases. Such decisions are infrequent and should only occur in cases where there is a clear error in reasoning or application of the law.
Per incuriam refers to a judicial decision that is incorrectly made due to the judge or judges lacking knowledge of the applicable law. This can occur when a judge fails to consider a previous decision that should have been binding, resulting in a contradictory decision. It can also happen when a judge is unaware of relevant legislation and makes a decision without taking it into account. It is important to note that per incuriam should only be applied in exceptional circumstances where there is clear evidence that the decision was made in ignorance or forgetfulness of relevant laws or precedents. For example, if a judge makes a decision that contradicts a previous decision that should have been considered binding but fails to take it into account, the new decision may be considered per incuriam. Similarly, if a judge is unaware of a law that should have been considered and makes a decision without taking it into account, the decision may also be considered per incuriam.
“Per incuriam” is a Latin phrase that translates to “through lack of care” or “by mistake.” In legal terms, it refers to a judgment or decision made by a court that is considered to be incorrect due to a failure to consider relevant laws or precedents.
A court may determine if a judgment was made per incuriam by examining whether the court failed to consider binding precedents or relevant legislation while making its decision. If it is found that the court overlooked important legal principles, the judgment may be considered per incuriam.
When a judgment is declared per incuriam, it means that it is not binding as a precedent. This means that subsequent courts are not required to follow the decision and can disregard it when making their own judgments.
Yes, a per incuriam judgment can be appealed. If a party believes that a judgment was made per incuriam, they can appeal the decision to a higher court and argue that the lower court failed to consider relevant laws or precedents.
Per incuriam judgments are relatively rare. Courts strive to carefully consider all relevant laws and precedents before making a decision, and per incuriam judgments are considered to be exceptions rather than the norm.
While a per incuriam judgment is not binding as a precedent, it can still be used as persuasive authority in subsequent cases. Courts may consider the reasoning and arguments presented in a per incuriam judgment, but they are not obligated to follow it.
Yes, a per incuriam judgment can be corrected. If it is discovered that a judgment was made per incuriam, a court may have the power to rectify the error by issuing a new judgment or by overturning the previous decision.
Yes, a per incuriam judgment can be used to challenge existing laws. If a judgment is declared per incuriam because it failed to consider relevant legislation, it can be used as a basis for arguing that the law in question should be reevaluated or amended.
In some cases, a per incuriam judgment may be used to reopen a closed case. If it is discovered that a judgment was made per incuriam and the case has already been closed, a party may be able to file a motion to reopen the case based on the new information.
No, a per incuriam judgment cannot be used to establish a new legal precedent. It is considered an incorrect decision and does not carry the same weight as a binding precedent. To establish a new legal precedent, a court must carefully consider relevant laws and precedents and issue a judgment that is based on sound legal reasoning.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/per-incuriam/
- Modern Language Association (MLA):Per Incuriam. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/per-incuriam/.
- Chicago Manual of Style (CMS):Per Incuriam. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/per-incuriam/ (accessed: May 09 2024).
- American Psychological Association (APA):Per Incuriam. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/per-incuriam/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts