THE STATUS OF PRACTICE DIRECTIONS CONSIDERED : “I AM UNCOMFORTABLE WITH THE NOTION THAT A PRACTICE DIRECTION CAN HAVE THE EFFECT OF OVERTAKING THE DECISION OF THE SUPREME COURT…”

The precise legal status of Practice Directions is interesting.  Here we have a case where a judge considered their status and came to a firm view that a statement made in the PD should not be followed as it was was contrary to established authority. (This is in the context of the FPR, but this is r...