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Which of the following is the correct statement as to the binding authority of the High Court on another High Court case?

A. The High Court when sitting in its appellate capacity (i.e. a bench of judges) is generally binding on itself subject to the Bristol Aeroplane exceptions.

B. The High Court when sitting in its appellate capacity (i.e. a bench of judges) is binding on itself. The High Court is not subject to the same Bristol Aeroplane exceptions as the Court of Appeal.

C. The High Court when sitting in its first-instance capacity (i.e. a single judge) is generally binding on itself subject to the Bristol Aeroplane exceptions.

D. The High Court when sitting in its first-instance capacity (i.e. a single judge) is binding on itself. The High Court is not subject to the same Bristol Aeroplane exceptions as the Court of Appeal.

E. The High Court is never bound by its own previous decisions, whether appellate or first-instance.

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When the High Court sits in its appellate capacity (with a bench of judges), it is generally bound by its own previous decisions, subject to the same exceptions as the Court of Appeal established in Young v Bristol Aeroplane Co Ltd. These exceptions allow for flexibility in the application of legal precedent, ensuring justice and legal coherence.

Key Point: This question highlights the binding nature of High Court decisions on itself when sitting in its appellate capacity, subject to specific exceptions.

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