On the other hand

On the other hand, it could be vindicated that in society where parliamentary legislation is increasing exponentially with the complexities of a pluralistic society the impact of judicial precedent is dwindling, particularly in the areas of law that were traditionally purely judge made, such as tort and the creation of the Occupiers Liability Act, which to a large extent codifies and developed the House of Lord case of BRB v Herrington (1972).

However, judges have for a long time had to use rules of statutory interpretation to ensure areas of ambiguity often arising from the creation of Acts were interpreted in the light of the current case. So, a series of rules have been developed to ensure a fair a consistent approach is adopted across cases as once such an interpretation is made in higher courts, such as the Supreme Court, then the doctrine of precedent states all lower cases through stare Decisis are bound by such decisions.

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