It's difference between German and British law systems

You forget the supreme courts. Anyone who is of the opinion that he/she was treated unfairly
can appeal to the supreme court.

Former cases of the supreme court -DOES- set precedent.

The tricky thing when every case sets precedent is that eventually some judge will make a
mistake, and the one unfairly treated lacks the resources or motivation to appeal, so the case
stands.

Whereafter -everyone- must, for consistency, be treated in that precise unfair manner.