Per Incuriam

The legal maxim 'per incuriam' refers to a decision made in ignorance of a previous binding authority or statutory provision. Such decisions are considered to be made in error and are not followed as precedents.

The term has origins in the common law system, stemming from Latin, and was first used to describe the failure of courts to follow established legal principles or statutory requirements. This principle underscores the importance of consistency and correctness in judicial decision-making.

In modern law, 'per incuriam' is often invoked to argue that a previous decision should not be followed due to its failure to consider relevant law or precedent. It serves as a basis for appellate courts to overturn or distinguish decisions that may not have properly interpreted the law.

• A landmark court ruling fails to adequately address a statutory provision that directly impacts the case outcome, leading a subsequent court to declare the first decision was made per incuriam.
• An appellate court may set aside a previous ruling on the grounds that it ignored a critical precedent from a higher court, asserting it was decided per incuriam.

• R v. Smith [2002]