Legal Definitions - per incuriam

per incuriam (pər in-kyoor-ee-əm), adj. (Of a judicial decision) wrongly decided, usually because the judge or judges were ill-informed about the applicable law.

For example, if a judge forgets to consider a previous decision that should have been binding, and makes a decision that contradicts it, the new decision may be considered per incuriam. Similarly, if a judge is unaware of relevant legislation, and makes a decision that does not take it into account, the decision may also be considered per incuriam.

It is important to note that decisions should only be considered per incuriam in rare cases, where there is clear evidence that the decision was made in ignorance or forgetfulness of relevant laws or precedents.

For instance, if a judge makes a decision that goes against a previous decision that should have been considered binding, but forgets to take it into account, the new decision may be considered per incuriam. Similarly, if a judge is unaware of a law that should have been taken into account, and makes a decision that does not consider it, the decision may also be considered per incuriam.