BPP Study Manual Chapter 3

Question 1

Who is the LC and what is their role?

Answer 1

the Lord Chancellor - the Secretary of State for Justice

Question 2

What roles are there in the Supreme Courts?

Answer 2

• President of the Supreme Court
• Deputy President of the Supreme Court
• Lord Justices of the Supreme Court

Question 3

What authority means the SC isn’t bound by its own decisions?

Answer 3

Practice Statement 1966

Question 4

What must the SC be wary of when departing from its previous decisions?

Answer 4

• danger of retrospectively disturbing financial arrangements and property rights
• need for certainty in criminal law

Question 5

Give an example of the HoL overturning its own decisions

Answer 5

in R v Shivpuri [1987] the HoL overturned Anderton v Ryan [1985]

Question 6

When did the SC state its opinions on following its previous decisions, and what were they?

Answer 6

in Austin v Mayor and Burgesses of the London Borough of Southwark [2010] the court stated it did not need to restate the Practice Statement [1966] but that it agreed with it.

Question 7

When was the Court of Appeal split into Criminal and Civil sections?

Answer 7

1966

Question 8

Who is the MR? What is their role?

Answer 8

Master of Rolls - Head of Civil Division of Court of Appeal

Question 9

What is a LJ and where do they normall sit?

Answer 9

a Lord Justice - normally in CoA

Question 10

What authority allows the CoA to ignore its previous decisions?

Answer 10

Young v Bristol Aeroplane Co. Ltd. [1944]

Question 11

In what case did the CoA try to challenge a SC decision by claiming it was reached ‘per incuriam’?

Answer 11

Cassell and Co ltd. v Broome [1972]

Question 12

What broke the High Court into three divisions?

Answer 12

Administration of Justice Act 1970

Question 13

What four acts currently govern the High Court?

Answer 13

• Senior Courts Act 1991
• Courts and Legal Services Act 1990
• Civil Procedure Act 1997
• Civil Procedure Rules 1998

Question 14

What are the titles of the heads of the High Court divisions?

Answer 14

• Queen’s Bench: President
• Family Division: President
• Chancery Divions: Chancellor of the High Court

Question 15

Give an example case that demonstrates how a long line of High Court decision are persuasive

Answer 15

Rylands v Fletcher [1866]

Question 16

What authority governs leapfrogging cases?

Answer 16

Adminstration of Justice Act [1969]

Question 17

What authority determined what matters are too serious to be hear in the county court?

Answer 17

the Practice Direction [1991]

Question 18

Who is the LCJ? What is he head of? Where does he sit?

Answer 18

Lord Chief Justice - the Head of the Judiciary and the Head of Criminal Justice. Also the President of the Courts of England and Wales. He sits in the Court of Appeal (Criminal)

Question 19

Is the Court of Appeal (Crim) bound by its own decisions? What authority controls this?

Answer 19

Usually, unless the court believes that following the previous decision would unfairly convict someone. R v Taylor [1950]

Question 20

What determines whether a case can go to the SC from the CoA (Crim)? What authority?

Answer 20

Due to Criminal Appeal Act 1968

• CA Crim must certify that a point of law of public importance has been raised
• CA Crim or SC must be satisfied that the point of law is one which should be considered in the SC

Question 21

What allows the CA to quash the acquittal of anyone convicted of a ‘serious offence’?

Answer 21

Criminal Justice Act 2003

Question 22

Give an example of an important Privy Council case

Answer 22

Grant v Australian Knitting Mills [1936]

Question 23

Which Privy Council decision was preferred to which HL decision? In which case?

Answer 23

In R v James; R v Karimi [2006]:

Her Majesty’s Attorney General for Jersey v Holley [2005] was preferred to R v Smith (Morgan) [2001]