Cases Flashcards
London & North Eastern Railway Co. v Berryman (1946)
Unfair ruling. Literal interpretation of the law.
Scott v Avery
Most consumer contracts include this clause, it forces people if they wish to pursue a claim to go through arbitration.
Woolmington v DPP (1935)
It is up to the prosecution to prove that the defendant is guilty, unless the defendant tries to raise a defence.
Marchant and Muntz (2003)
In order to prove guilt or criminal liability, you need to prove that the conduct or consequence was prohibited.
The legal point is that it shows conduct/consequence must be prohibited for an offence to take place.
R v Larsonneur (1933)
You can commit an offence involuntarily.
R v Mitchell (1983)
It was the actions of the first man that were criminal, but not the falling over the second man.
R v Hughes (2013)
Set forward legal causation.
R v Roberts (1971)
Mens Rea for an underlying offence is sufficient Mens Rea for a S47 offence.
There is no need for the defendant to intend or to be reckless in order to commit Actual Bodily Harm.
R v a savages (1991)
Reinforces the position of R v Roberts (1971), in the intention of application of unlawful use of force, unintentionally constituted a S47 offence.
JCC v Eisenhower (1983)
There must be a cut in the internal skin in order for it to constitute as GBH, if it’s exterior then it is ABH.
R v Bollom (2004)
Depending on the victim’s age and health, it should be taken into consideration.
R v Burstow (1997)
If it leads to serious mental damage which requires extensive and serious treatment then it should be considered.
R v Home Secretary, ex parte Fire Brigades Union (1995)
Changes by the Home Secretary to the Criminal Injuries Compensation scheme had gone beyond the delegated powers given in the Criminal Justice Act 1988.
Aylesbury Mushroom case (1972)
The Minister of Labour had to consult ‘any organisation appearing to him to be representative of substantial numbers of employers engaging in the activity concered’
Those affected should be contacted for consultation.
R v Secretary of State for Education and Employment, ex parte National Union of Teachers (2000)
A statutory instrument setting conditions for appraisal and access to higher rates of pay for teachers was beyond the powers given to the Education Secretary by the Educaifon Act 1996.
The procedure was unfair due to there only being four days of consultations.
R (Rogers) v Swindon NHS Trust 2006
A woman with breast cancer was prescribed a non-approved drug Herceptin. The NHS refused to provide her with the drug, citing it was not exceptional. However, it did provide the drug for some patients.
This was ruled to be in Ultra Vires.
Whitely v Chappell (1868)
Literal interpretation of the law. Literal rule.
Pepper v Hart (1993)
Allows Hansard to be used as an extrinsic aid.
Donoghue v Stevenson (1932)
Also known as the ‘snail in the bottle’ case. There were two ladies who went out for coffee, one ordered an ice cream float. Once finished, she found a decomposed snail at the bottom of the glass.
She eventually got ill, and decided to take it to court and won.
The neighbour principle is the idea that the manufacturer owes a duty of care to the customer.
All us in different times will have a duty of care for others.
Roland v Fletcher
A special tort where there has been a leak onto one property onto another.
Hill v Chief Constable of West Yorkshire police (1988)
Floodgates principle, you cannot sue the police in the course of their duties.
Robinson (2018)
The police can be sued, but if they’ve been negligent in the course of their duty, you can’t sue them if they fail to stop/solve a crime.
Wagon Mound (1961)
Oil leaked from a ship, which found its way to the dock and burst into flames.
Burnt down a warehouse, the verdict was that no one could have foreseen it.
Phipps v Rochester Corporation (1955)
Parents are responsible for allowing their children to enter an occupier’s land.
Glasgow Corporation v Taylor (1922)
The Occupier’s Liability Act 1957 states that an occupier should expect children to be less careful than adults.
Ratcliffe v McConnell (1999)
The occupier is not liable to inform the trespasser of obvious injuries that may be sustained.
Donoghue v Folkestone Properties (2003)
The occupier cannot be faulted if someone is injured in a specific place at that day or year.
Tomlinson v Congleton Borough Council (2003)
The House of Lords ruled that in order to be liable under the 1984 OL Act, the occupier had to be responsible for the danger whereas the claimant in the case had created the danger.
It is reasonable for the council not to have moved forward with the build due to the lack of funds.
Higgs v Foster (2004)
Despite the occupier knowing of the danger, they could not have anticipated the Police Officer’s presence.
Rhind v Astbury Water Park (2004
As the occupier did not know of the danger, they could not have been held responsible.
Known v Coventry Healthcare NHS Trust (2006)
An 11 year old went out of a fire door to show off to his friends, he fell - it was judged that the child was t fault and no claim could be made.
Baldacchino v West Wittering (2008)
A 14 year old boy climbed onto a navigation buoy, the child was a lawful visitor to the beach but a trespasser on the beacon.
Moloney (1985)
Foresight of consequence is only evident from which intention can be inferred.
Nedrick (1986)
Court of Appeal suggested juries ask themselves two questions:
1. How probable was the consequence which resulted from the defendant’s voluntary act?
2. Did they foresee the consequence? The jury is not entitled to infer the necessary intention unless they feel that death or serious injury was a virtual certainty as a result of the act.
Byrne (1960)
Committed murder, sexual predator etc.
Had a recognised mental disorder and was not guilty of murder, but sent to a psychiatric facility.
Herrington (1972)
First time the House of Lords used the practice statement in a civil case
Shivpuri (1986)
First time the House of Lords used the practice statement in a criminal case.
Anderson v Ryan (1985)
The practice statement was used to override this case.
