ABSTRACT

Case law, or common law, refers to the creation and refi nement of law in the course of judicial decisions. The preceding chapter has highlighted the increased importance of legislation in its various guises in today’s society but, even allowing for this and the fact that case law can be overturned by legislation, the UK is still a common law system and the importance and effectiveness of judicial creativity and common law principles and practices cannot be discounted and should not be underestimated.