lecture 3 Flashcards
hierarchy of law reports
official law reports
weekly law reports/ all england law reports
subject-based specialist law reports
other reports
official transcripts of unreported cases
ratio decidendi
what forms the binding statement, the reason for the decision
Obiter Dictum/Obiter Dicta
statements in the decision that do not relate directly to the material facts, not binding
for doctrine of precedent to work:
needs a settled hierarchy of courts
the availability of reliable records of decisions
the identification of rules of law from the decisions in cases
horton v sadler
exercise of a discretion to extend the time limit to allow a personal injury claim
lords departed from decision of Walkley v Precision Forgings Ltd
R v Shivpuri
appellant had a guilty mind, but was accidentally performing a lawful act.
believed he was carrying heroin but was actually vegetable oil
corrected error in law of previous decision
liberty rule
exceptional rule in the criminal division of the CoA which only works in favour of the accused, so an innocent wrongly convicted and a guilty person escaping punishment