Essential cases to introduction to law

Question 1

What did YOUNG v BRISTOL AIRPLANE COMPANY LTD. 1944 effect?

Answer 1

Court of Appeal is bound by its previous decisions unless there are exceptions:

1. If there are 2 conflicting previous decisions, the court can decide which it chooses to use
2. Bound to refuse to follow a decision of its own and can’t stand to follow the House of Lords
3. The court is not bound to follow a previous decision made by itself if the decisions was made Per Incuriam.

Question 2

What did DAVIS V JOHNSON 1979 effect?

Answer 2

It resulted in the clarification that the CA is bound by its previous decisions and the decisions of the HL even if they’re wrong

Lord Denning and Hansard

Question 3

R v Maginnis 1987

Answer 3

A man was charged with intending to supply cannabis but claimed he was just holding it for a friend

Question 4

Conway v Rimmer 1968

Answer 4

First use of the Practice Statement

Overruled Duncan v Cammel Laid Company 1942
National security and judges being able to examine documents

Question 5

Fisher v Bell 1961

Answer 5

Example of the Literal Rule

Flick knife in shop window

Question 6

R v Allen 1872

Answer 6

Example of Golden rule
Legitimacy of marriage
2nd marriage counted as incest
Charged as its still marriage

Question 7

R v Godwin 2005

Answer 7

Example of purpose/contextual rule
Does a jet ski count as boat
Merchant shipping Act

Question 8

Royal College of Nursing v DHSS 1981

Answer 8

Example of the mischief rule
Registered medical practitioner
Abortion Act 1967

Question 9

‘Impossible’ case

Airedale NHS v Bland 1993

Answer 9

Hilsborough disaster
Supreme Court
Turn off life support and overrule medical opinion
Decision = no
Leapfrog

Question 10

‘Impossible’ case

Re A (children) 2000

Answer 10

Conjoined twins 
Separate = 1 dying
Non-separate = both dying
Parents didn't want separation
Judges chose separation

Question 11

‘Impossible’ case

Gillick v West Norfolk and Wisbeck AHA 1986

Answer 11

Contraceptive advice to under 16 year olds
Mother = ‘NO’
Judges = ‘YES’ > New cases for the future

Question 12

‘Impossible’ case

R(Axon) v SS for Health 2006

Answer 12

Parental rights violated under Art.8 Right to family life
No follows Gillick
As long as the girl was sufficient maturity doctor doesn’t have any legal right to tell

Question 13

‘Impossible’ case

Shaw v DPP 1962

Answer 13

‘Lady’s directory’

No statute condemning actions

Question 14

‘Impossible’ case

R v R 1991

Answer 14

Rape within marriage

R against decision because applied retrospectively