LA2: Doctrine of Precedent Flashcards
What is the phrase that best describes precedent?
star decisis
What does ‘stare decisis’ mean?
to stand by what has been said
What are the two parts of precedent and which on is binding?
Ratio Decindendi and Obiter Dicta. The Ratio part is binding.
When was the case R v R?
in 1991
Where was the case R v R 1991 heard?
House of Lords
Why is the case R v R 1991 HL important?
Set precedent making rape within marriage an offence (in the ratio decidendi)
When was the case Donoghue v Stevenson?
1932
What happened in the case Donoghue v Stevenson 1932 HL?
established a general duty of care in negligence.
When was the case R v Howe?
1987?
What did the R v Howe 1987 HL case do?
set precedent that defence by duress unavailable to a defendant charged with murder.
When was the case Rondel v Worsley?
1967
What happened in the case Rondel v Worsley 1967 HL?
- case concerning whether a barrister can be sued for negligent work within the court.
- ratio stated could only sue for work carried out outside of court
- obiter said that solicitors couldn’t be either ( obiter as case about barristers)
Which case is an example of persuasive precedent whereby the decisions of lower courts persuade the higher courts?
R v R 1991 HL, The House of Lords agreed with the Court of Appeal ruling that a man can be guilty of raping his wife.
Which case by the Privvy council acted as persuasive precedent for the Court of Appeal cases R v James 2005 and R v Karimi 2006?
Attorney General for Jersey v Holley 2005
When was the case Attorney General for Jersey v holley?
2005
When was the case R v James?
2005
When was the case R v Karimi?
2006
Which supreme court case did they not follow the ruling of in R v James and R v Karimi and instead followed the ruling of the Attorney General for Jersey v Holley 2005 case?
R v Smith 2001 SC
Which case established precedent for the unavailability of duress as a defence for murder? (set precedent due to the Obiter Dicta of another case in 1987 HINT)
R v Gotts 1992 HL set precedent as they were persuaded by the Obiter dicta in R v Howe 1987
Which act established the Supreme Court?
The Constitutional Reform Act 2005
When was the Practice Statement made?
1966
What does the Practice Statement 1966?
allows the supreme court to depart from its previous decisions if it sees the right to do so.
Which case previously banned the Supreme court from overruling its previous decisions?
London Street Tramways v LCC 1898
In which civil case was the Practice Statement used for the first time?
Conway V Rimmer 1968
When was the case Conway v Rimmer?
1968
Which case did Conway v Rimmer 1968 overrule and why?
Duncan v Cammell Laird 1942 on a technical point of law
Which case overruled Addie V Dumbrek 1929?
Herrington v British Railway Board 1972
Why did the House of Lords in Herrington v British Railway Board 1972 overrule Addie v Dumbrek 1929?
To change precedent on the duty of care owed to a child trespasser. Previously was the fault of the parents but after 1972 made if the responsibility of the railway board
In which case was the use of the Practice statement refused?
Jones v Secretary of State for Social Service 1972
When was the case Jones v Secretary of State for Social Service?
1972
What happened the in case of Jones v Sectary of State for Social Service 1972?
wanted to change the interpretation of the National Insurance Act 1946 as didn’t agree with the previous, despite 4 out of 7 judges agreeing for change, was kept the same.
Which case was the first criminal case to use the Practice Statement?
R v Shivpuri 1986 HL
When was the case R v Shivpuri?
1986
Which case did R v Shivpuri 1986 overrule and why? (outline the facts of each case)
Anderton v Ryan 1985 - changed precedent making it an offence to attempt to commit an impossible crime.
In Anderton V Ryan, Ms Anderton thought she had bought a stolen video recorder which wasn’t, so she was not found guilty of attempted handling. But in R v Shivpuri, the defendant had attempted to traffic drug when in actual fact they were just harmless herbal remedies, he was found guilty of attempting to commit an impossible crime.
In which case did Lord Denning not follow the precedent set out in Rookes v Barnard 1964 and why?
Broome v Cassell 1971 because didn’t want to folow the guidelines in Rookes v Barnard about exemplary damages.
When was the case Rookes v Barnard?
1964
When was the case Broome v Cassell?
1971
When was the case Re Havana Railways HL?
1961
What precedent did the Re Havana Railways 1961 HL case set?
that damages can only be awarded in English pounds
Which Court of Appeal case did not follow the precedent set in Re Havana Railways 1961 HL?
Schorsch Meier v Henning 1976
What happened in the case Schorsch Meier v Henning 1976?
Lord Denning did not follow the precedent set in Re Havana Railways 1961 and said damages should be awarded in any currency to remain in keeping with the changes in society.
Was the case Schorsch Meier v Henning 1976 appealed to the House of Lords?
No
When was the case Miliangos v George Frank Ltd?
1976
What happened in the case Miliangos v George Frank ltd 1976?
- A trial judge followed the ruling in the Re Havana Railways case
- Case appealed to Court of Appeal where Lord Denning overturned that decision and followed the decision in Schorsch Meier V Henning
- Case then appeal to the House of Lords where the House of Lords followed the decision in Schorsch Meier, setting new precedent
- House of Lords reprimanded Lord Denning for trying to undermine the HofL.
Why is the case Young v Bristol Aeroplane Co Ltd 1944 important?
because it sets out the three important circumstances where the Court of Appeal isn’t bound by itself
What are the three important circumstances set out in Young v Bristol Aeroplance Co Ltd 1944 that prevents the Court of appeal binding itself?
- if there is a conflict between SC decision and CofA decision, SC decision must be followed
- two conflicting CofA decisions, can choose which to follow
- earlier decisions made ‘per incuriam’ do not have to be followed
