What case would be a precedent?

A case is a precedent if it has established a new principle of law, or overturned an older one.

What is binding precedent?

• The doctrine of binding precedent is often known as the doctrine of stare decisis.
• When a judicial decision sets a precedent, the decision will oblige all the Judges in the lower Courts to abide by that decision.
• According to the binding precedent:
  • All Courts must consider relevant case law.
  • Decisions of higher Courts bind all lower Courts.
• Before 1997, Hong Kong Courts were bound by decisions of the higher English Courts. Since 1997, English cases are only persuasive precedents.