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.
