ABSTRACT

Case law, or common law, refers to the creation and refine ment of law in the course of judi cial decisions. The preced ing chapter has high lighted the increased import ance of legis la tion in its various guises in today’s society but, even allow ing for this and the fact that case law can be over turned by legis la tion, the UK is still a common law system and the import ance and effect ive ness of judi cial creativ ity and common law prin ciples and prac tices cannot be discoun ted and should not be under es tim ated.