Chapter 19- Judicial precedent (none are key cases in the book) Flashcards
What was held in Colchester Estates v Carlton Industries plc, and what area of law does it relate to?
-where there was 2 earlier decisions which conflicted, then, provided the first decision had been fully considered in the later case, that later decision should be followed
(the high court- courts of first instance)
What was held in Herrington v British Railways Board, and what area of law does it relate to?
-It involved the law duty of care owed to a child trespasser
-The lords held that social and physical conditions had changed and the law should too
(Use of Practice Statement)
What happened in Pepper v Hart and what area of law does it relate to?
-the previous ban on the use of Hansard in statutory interpretation was overruled
(Use of Practice Statement)
What was held in R v G, relating to the case of Metropolitan Police Commissioner v Caldwell, and what area of law does it relate to?
-HoL overruled their previous decision in Met Police Commissioner v Caldwell on the law of criminal damage
-it was held that recklessness included the situation where the defendant had not realised there was a risk, was the wrong test to use
-Saying instead that a defendant is only reckless if they realised there is a risk and goes ahead and takes the risk
(The Practice Statement in criminal law)
What was the result from Young v Bristol Aeroplane Co. Ltd, and what area of law does it relate to?
-The first rule from the case is that decisions by one division of the Court of Appeal will not bind the other decision
-EXCEPT;
-when there is conflicting past decisions, the court can choose which one to follow,
-they must follow supreme court decisions,
-or when the decision was made carelessly because a relevant Act hasn’t been considered by the court
(Court of appeal and its own decisions)
What happened in R v Howe and what area of law does it relate to?
-2 young boys forced to murder 2 boys and attempt to murder another but he managed to escape
-They were forced to under the orders of an older man who blackmailed them saying that if they didn’t do as he said they would be murdered
(Ratio decidendi and Obiter dicta)
What happened in Donoghue v Stevenson and what area of law does it relate to?
-Claimant sued manufactures after drinking ginger beer that had a snail in
-This caused her to go into shock
-Won the case as manufactures have a duty of care to the consumer
(Binding precedent)
What happened in Re A, and what area of law does it relate to?
-Conjoined twins needed an operation to separate them, as if they weren’t separated both would die
-But if they did operate one would die
-High court granteed the Drs permission to do so as they believed it was in the children’s best interests
-parents appealed
(Original precedent)
What happened in R v R and what area of law does it relate to?
-D charged with attempted rape of wife
-At the time couple had separated but no formal divorce
-HoL overturned the exception that rape was allowed in marriage
-Judges were persuaded by decisions in Scottish Courts
(Persuasive precedent)
How do the 2 cases of Balfour v Balfour and Merritt v Merritt demonstrate the process of distinguishing?
- Both cases involved a wife making a claim against her husband for breach of contract
- In Balfour= decided that the claim couldn’t succeed because there was no intention to create legal relations, merely just an agreement between husband and wife
- Merritt case was successful as the facts of the 2 cases were sufficiently different to each other
- And the agreement was made in writing which distinguished between cases
