Practice Statement

Question 1

In 1898 what changed the UKSC’s ability to make decisions

Answer 1

London Street tramways V London City council changed that and a statement was released saying that we are bound by our previous cases

Question 2

Why did it change to a precedent in 1898

Answer 2

For consistency and certainty and this was more important than individual hardship

Question 3

Between 1898 and 1966 only what can change a decision

Answer 3

An act has to be passed by parliament to change it or “per incuriam”

Question 4

What does per incuriam mean

Answer 4

“In error” and that there was a mistake in the statute that was applied to the case

Question 5

Why was it problem for UKSC to follow their own decision

Answer 5

Makes law too inflexible, makes it difficult for cases with repugnant outcomes, does not allow for mistakes a judge may make, no 2 cases are the same, doesn’t allow for drafting errors or change in society

Question 6

What was the case that changed the UKSC precedent

Answer 6

DPP V Smith 1961

Question 7

What was DPP V Smiths facts

Answer 7

A policemen tries to stop defendant getting away in car with stolen goods by jumping on bonnet. Driver drove at speed in zig zag. Defendant said he had no intention to harm. Policemen was knocked off bonnet and run over by an oncoming car and died

Question 8

Describe the process of DPP V Smith through the courts

Answer 8

Crown Court - appealed to court of appeal - appealed further to UKSC

Question 9

What was said in the UKSC about DPP V Smith

Answer 9

It was a confirmed objective test which means any harm seen by any other person is intentional

Question 10

Between 1961 and 1967 what happened

Answer 10

Murder test was objective so those who should have got man slaughter had to get murder

Question 11

What happened in 1967

Answer 11

An act was applied that reversed the murder test and to this day it’s a subjective test

Question 12

Why did it take until 1967 to fix the murder test

Answer 12

Parliament just took 6 years to fix act to write themselves out of their own mistake

Question 13

Who announced the practice statement and when

Answer 13

Lord Chancellor in 1966

Question 14

What did the practice statement do

Answer 14

Reversed precedent set in London Street Tramways 1898 so that the UKSC could change decisions when it was considered necessary

Question 15

The UK Supreme Court were few to change any decisions between themselves until when?

Answer 15

1898

Question 16

Why was the change to use of practise statement necessary

Answer 16

The law as it stood was unsatisfactory and it had bad law embedded into the legal system. Only parliament had the power to change bad laws and this was time consuming

Question 17

When does the practice statement allow the lords to depart from a precedent

Answer 17

“When it appears right to do so”

Question 18

What are the positives of the practice statement

Answer 18

No bad law is embedded, judges can change law which is less time consuming, no absurd outcomes because of the precedent, deals with cases individually and law is updated with society and technology

Question 19

What are the problems with when the practice statement can be used when it’s “right to do so”

Answer 19

Any case can be interpreted to fit this as its a broad term, people have individual ideas of what is “right” and it’s not in line with parliamentary sovereignty

Question 20

Why was the practice statement not used until 1968 minorly and 1972 majorly?

Answer 20

The lords were reluctant to change and invoke the practice statement

Question 21

When was the first minor use of the practise statement and what case was it

Answer 21

1968 and Conway V rimmer

Question 22

What case did Conway V Rimmer overrule

Answer 22

Duncan V Cammell Laird

Question 23

What were the facts of Conway v Rimmer

Answer 23

Ex- police officer sued wrongfully for prosecution and sought incorrect closure of police files

Question 24

What was the reasoning behind the Conway V Rimmer case

Answer 24

Up to courts to examine public interest in justice or confidentiality

Question 25

Herrington V BRB had what significance

Answer 25

First major use in a case of the practice statement

Question 26

When was Herrington v BRB

Answer 26

1972

Question 27

What case did Herrington V BRB overrule

Answer 27

Addie V Dumbreck

Question 28

What were the facts of Herrington V BRB

Answer 28

A 6 year old boy was electrocuted and was severely burned after he walked onto a live line outside the play park. There was a fence but it had a gap in it

Question 29

What was the reasoning behind Herrington V BRB overruling

Answer 29

Did owe a duty of care to defendant of common humanity to trespassers

Question 30

What year was Jones v Secretary of State and what case did it overrule

Answer 30

1972 and Re Dowling

Question 31

Workers injured themselves lifting heavy equipment and both suffered heart problems. These are the facts of what case?

Answer 31

Jones v Secretary of State

Question 32

What was the decision and outcome of Jones v Secretary of State

Answer 32

They were refused benefits because it did not relate to the accident which was contrary to RE Dowling case

Question 33

What year was pepper v hart

Answer 33

1993

Question 34

What case did pepper v hart overrule

Answer 34

Davis V Johnson

Question 35

What were the facts of pepper v hart

Answer 35

The House of Lords had to decide whether a teacher at a private school had to pay tax on his perk of reduced school fees. It relied on a Hansard statement

Question 36

What was the decision in pepper v hart

Answer 36

It was departing from the previous case (David v Johnson) and it said that Hansard may be referred to. The teacher was not required to pay a tax

Question 37

What year was R V Shivpuri

Answer 37

1986

Question 38

Why is R V Shivpuri so significant

Answer 38

It was the first criminal case that the practice statement was applied to

Question 39

What case did R v Shivpuri overrule

Answer 39

Anderton V Ryan

Question 40

What were the facts of R V Shivpuri

Answer 40

Defendant was arrested entering the country with a brief case of what he believed was either heroin or cannabis. It was actually ground dried vegetable but D had admitted to smuggling drugs before he knew so he was charged

Question 41

What was the decision in R V Shivpuri

Answer 41

Previous law set it Aderton V Ryan was confusing and incapable of sensible application which was someone “could not attempt to do the impossible”.