When can you take a PMCPA case as case precedent?
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12 months ago
There have been a number of occasions where similar complaints have been submited to the PMCPA and they have found one case not in breech and another in breech. At what point can you use PMCPA outcomes as case precedent in your defence?
Using PMCPA cases in a complaint response can be tricky. The PMCPA does publish cases but it can be difficult to really understand the nuances between the cases which is why sometimes in scenarios where two cases look similar one can be found in breech and the other not. When a case has been appealed and gone to the appeal board these nuances and specific details are discussed in more detail and included within the report therefore it may be possible to use those cases in a defence. It still may not be appropriate to use a case in a defence response but cases particularly those that have gone to appeal board may be helpful in decision making.