per incuriam การใช้

The significance of a judgment having been decided " per incuriam " is that it does not then have to be followed as precedent by a lower court.
A lower court is free, however, to depart from an earlier judgment of a superior court where that earlier judgment was decided " per incuriam ".
""'Per incuriam " "', literally translated as " through lack of care ", refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant.
Holding that the section has such an effect would involve holding that the invariable practice of Parliament has been departed from " per incuriam " so that something has got into this consolidation Act which neither the draftsman nor Parliament can have intended to be there.
The Court of Appeal in " Morelle Ltd v Wakeling " [ 1955 ] 2 QB 379 stated that as a general rule the only cases in which decisions should be held to have been given " per incuriam " are those of decisions given in ignorance or forgetfulness of some inconsistent statutory provision or of some authority binding on the court concerned : so that in such cases some part of the decision or some step in the reasoning on which it is based is found, on that account, to be demonstrably wrong.