judicial precedent cases

Question 1

Conway v Rimmer

Answer 1

First use of the Practice Statement in 1968

Question 2

R v Shivpuri

Answer 2

First use of the Practice Statement in criminal law

Question 3

Young v Bristol Aeroplane Co.

Answer 3

Exceptions to the rule that the Court of Appeal follow their own past precedent

Question 4

Donoghue v Stevenson

Answer 4

Original precedent/ ratio decidendi

Question 5

R v R

Answer 5

Persuasive precedent- Scottish courts.

Question 6

The Wagon Mound

Answer 6

Persuasive precedent- Privy Council

Question 7

Candler v Crane Christmas/ Hedley Byrne v Heller

Answer 7

Persuasive precedent- Dissenting judgments and also overruling

Question 8

R v Howe/ Rv Gotts

Answer 8

Obiter dicta.

Question 9

R v Brown and Others-

Answer 9

Obiter dicta.

Question 10

Balfour v Balfour/ Merritt v Merritt

Answer 10

Example of distinguishing.

Question 11

Fitzpatrick v Sterling HA

Answer 11

Example of reversing

Question 12

Gillick

Answer 12

Advantages of precedent- Original precedent

Question 13

Rickards v Lothian

Answer 13

Disadvantages of precedent- Complexity- Case with two ratios

Question 14

Dodd’s case

Answer 14

Disadvantages of precedent- Complexity- Case where no ratio could be found.

Question 15

R v Pretty/ Rv Purdy

Answer 15

Disadvantages of precedent- Rigidity- Courts don’t feel that they can make law on controversial topics