Per incuriam Definition

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GLOSSARY

What does Per incuriam mean?

A judicial decision is made per incuriam (literally, through lack of care) if it is made in ignorance of a relevant statutory provision or a relevant, binding decision of court, and awareness of that earlier provision or decision would have led to a different result.

Where it appears to a later court that an earlier court, by which it is absolutely bound, has made a decision per incuriam, it nevertheless remains bound to follow that decision (because loyalty to the hierarchical nature of the judicial system requires it to assume that the earlier court (a) had in fact been aware of the decision or provision in question but (b) had been able to distinguish or interpret the decision or provision in such a way that it became irrelevant to the decision which it then proceeded to make. However, a later court which has the power to depart from an earlier decision, may rely on the per incuriam doctrine to justify exercising that power.

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