Practice Statement Flashcards
What is the court hierarchy for civil cases?
Magistrates County High court Divisional courts of the high court Civil division of court of appeal Supreme Court
What is the court hierarchy for criminal cases?
Magistrates County High court Divisional courts of the Queens Division of the high court Criminal division of court of appeal Supreme Court
What is the Supreme Court bound by?
Ruling of the European court of justice on matters of eu law
What was created in 1966?
The practice statement
When was the practice statement created?
1966
What does the 1966 practice statement allow?
That the Supreme Court is no longer bound by its own previous decisions, they can over rule then if they think it is ‘depart from previous decisions right to do so’
What was set out in London street tramways v London county council (1898)?
The House of Lords self-imposed a ban on over ruling its own decisions
Why did the House of Lords impose a ban upon themselves regarding overruling their own decisions?
The House of Lords felt that certainty of law prevailed over the possibility that someone may not recover justice through following a past decision
On what grounds may the House of Lords over rule their own previous decision?
When they believe it ‘right to do so’
When was the first major use of the Supreme Court using the practice statement (in civil cases)
Herrington v British Railways Board (1972) overruled Addie v Dumbreck (1929)
Why must the 1966 practice statement be used with caution?
If it is over used it would cause too many inconsistencies in the law. In turn meaning public policy would not be upheld.
What is an example of the House of Lords being hesitant to use the practice statement (civil)
Jones v Secretary is state for social services (1972)
What happened in the case of jones v Secretary of State for social services (1972)?
Four out of seven judges thought he earlier decision was wrong but nevertheless the House of Lords decided the follow the earlier decision
When did the House of Lords becoming more willing to make use of the practice statement? (Civil)
1970’s
Explain another (not Herrington ect) use of the practice statement… (Civil)
Miliangos v George Frank ltd (1976) overruled Re Havana Railways (1961) on the point that damages or compensation could only be awarded in sterling. It was decided it could be awarded in any currency.
Explain the Miliangos v George Frank ltd (1976) and Re Havana Railways (1961) situation…
Miliangos v George Frank ltd (1976) overruled Re Havana Raikways (1961) on the point that damages or compensation could only be awarded in sterling. It was decided it could be awarded in any currency.
Why is it even more important that the practice statement is not overused in criminal cases?
Because the liberty of the defendant is at stake
What did the practice statement state in relation to criminal law?
It stresses that criminal law needed to be certain
When was the first time the practice statement was used in a criminal case?
R v Shivpuri (1986) overruling Anderton v Ryan (1985)
What was the point of law that R v Shivpuri (1986) overruled Anderton V Ryan (1985) on?
On attempting to commit a crime that is impossible to commit
What happened in the case of Anderton v Ryan (1985)?
A woman was found not guilty of handling stolen good. She brought a video recorder she thought was stolen but was not.
What happened in the case of Shivpuri (1986)?
The defendant was found guilty of attempting to traffic drugs. The defendant thought he was smuggling narcotics when in fact he was smuggling a harmless herbal substance
