Practice Statement Flashcards
In 1898 what changed the UKSC’s ability to make decisions
London Street tramways V London City council changed that and a statement was released saying that we are bound by our previous cases
Why did it change to a precedent in 1898
For consistency and certainty and this was more important than individual hardship
Between 1898 and 1966 only what can change a decision
An act has to be passed by parliament to change it or “per incuriam”
What does per incuriam mean
“In error” and that there was a mistake in the statute that was applied to the case
Why was it problem for UKSC to follow their own decision
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
What was the case that changed the UKSC precedent
DPP V Smith 1961
What was DPP V Smiths facts
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
Describe the process of DPP V Smith through the courts
Crown Court - appealed to court of appeal - appealed further to UKSC
What was said in the UKSC about DPP V Smith
It was a confirmed objective test which means any harm seen by any other person is intentional
Between 1961 and 1967 what happened
Murder test was objective so those who should have got man slaughter had to get murder
What happened in 1967
An act was applied that reversed the murder test and to this day it’s a subjective test
Why did it take until 1967 to fix the murder test
Parliament just took 6 years to fix act to write themselves out of their own mistake
Who announced the practice statement and when
Lord Chancellor in 1966
What did the practice statement do
Reversed precedent set in London Street Tramways 1898 so that the UKSC could change decisions when it was considered necessary
The UK Supreme Court were few to change any decisions between themselves until when?
1898
Why was the change to use of practise statement necessary
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
When does the practice statement allow the lords to depart from a precedent
“When it appears right to do so”
What are the positives of the practice statement
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
What are the problems with when the practice statement can be used when it’s “right to do so”
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
Why was the practice statement not used until 1968 minorly and 1972 majorly?
The lords were reluctant to change and invoke the practice statement
When was the first minor use of the practise statement and what case was it
1968 and Conway V rimmer
What case did Conway V Rimmer overrule
Duncan V Cammell Laird
What were the facts of Conway v Rimmer
Ex- police officer sued wrongfully for prosecution and sought incorrect closure of police files
What was the reasoning behind the Conway V Rimmer case
Up to courts to examine public interest in justice or confidentiality
Herrington V BRB had what significance
First major use in a case of the practice statement
When was Herrington v BRB
1972
What case did Herrington V BRB overrule
Addie V Dumbreck
What were the facts of Herrington V BRB
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
What was the reasoning behind Herrington V BRB overruling
Did owe a duty of care to defendant of common humanity to trespassers
What year was Jones v Secretary of State and what case did it overrule
1972 and Re Dowling
Workers injured themselves lifting heavy equipment and both suffered heart problems. These are the facts of what case?
Jones v Secretary of State
What was the decision and outcome of Jones v Secretary of State
They were refused benefits because it did not relate to the accident which was contrary to RE Dowling case
What year was pepper v hart
1993
What case did pepper v hart overrule
Davis V Johnson
What were the facts of pepper v hart
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
What was the decision in pepper v hart
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
What year was R V Shivpuri
1986
Why is R V Shivpuri so significant
It was the first criminal case that the practice statement was applied to
What case did R v Shivpuri overrule
Anderton V Ryan
What were the facts of R V Shivpuri
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
What was the decision in R V Shivpuri
Previous law set it Aderton V Ryan was confusing and incapable of sensible application which was someone “could not attempt to do the impossible”.
