THE SUPREME COURT/HOL-Practise Statement Cases Flashcards

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1
Q

What/when was the first case use of the practise statement?

A

1968 Conway V Rimmer

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2
Q
Describe the case of Conway V Rimmer 1968
(3)
-what did it involve?
-what was the case based on?
-why was it changed
A
  • Involved only a technical point in discovery of documents
  • Based on a misapprehension of the law
  • Lower courts expressed their regrets of the precedent made by Duncan V Cammell Laird 1942
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3
Q

Which case did Conway V Rimmer 1968 rule over?

A

Duncan V Cammell Laird 1942

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4
Q

When/what was the second use of the practise statement? aka the first major use

A

Herrington V British Railways Board 1972

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5
Q
Describe the second case of the practise statement, (the first major use), Herrington V BRB 1972?
(3)
-what happened
-what changes 
-why
A
  • Child injured on a railway line as company didn’t maintain the fencing
  • Lords felt that social and physical conditions had changed since 1929
  • Railways Board owed a duty of care to child trespasser
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6
Q

Which case did Herrington V BRB 1972 overrule? What did this case say?

A

Addie V Dumbreck (1929)

Said that the company only owed a duty of care when injury to a child was caused deliberately or recklessly

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7
Q

What was the significance of the 3rd thought of using the Practise Statement , in which case?

A
  • Refused to overrule earlier case

- Jones V Secretary of State for Social Services 1972

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8
Q

Which case did Jones V secretary of State for Social Services 1972 consider when deciding whether to use the practise statement?

A

Re Dowling 1967

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9
Q

Describe the case Jones V Secretary of State for Social Services 1972

  • what act did it regard ?
  • how many judges ?
  • why did it not overrule?
A
  • regarding National Insurance Act 1946
  • 4 out of 7 judges regarded the decision in Re Dowling wrong
  • Refused to overrule due to importance of certainty in law
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10
Q

What/when was the 4th case involving the practise statement?

A

Knuller V DPP 1974

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11
Q

Which case was considered in this decision of Knuller V DPP 1974?

A

Shaw V DPP 1962

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12
Q

What did the court decide in Knuller V DPP 1974?

A

To follow the case of Shaw V DPP 1962

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13
Q

Describe the case of Knuller V DPP 1974

  • what was the defendant convicted of
  • why did Judges follow Shaw V DPP 1962
A
  • Convicted of ‘conspiracy to corrupt public morals’

- Judges believe the decision in Shaw V DPP was wrong but followed it anyway in the interest of certainty in law

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14
Q

What did Lord Reid say regarding the case of Knuller V DPP 1974 and Shaw V DPP 1962?

A

Lord Reid
“Do not reverse where house believes decisions were wrong, but reverse only when there is a good reason for doing so in the interests in certainty”

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15
Q

When/What was the 3rd use of the practise statement, also the 5th case in which it was considered?

A

Milliangoes V George Frank 1976

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16
Q

What case did Milliangoes V George Frank 1976 overrule?

A

Havana Railways 1961

17
Q

How did the case of Millangoes V George Frank 1976 use the Practise Statement ?

A

HOL used PS to overrule previous judgement that damages could only be awarded in UK sterling rather than foreign currencies

18
Q

When/what was the first use of the practise statement in a criminal case? (the 6th use overall)

A

R V Shivpuri 1986

19
Q

What case did the first use of the PS in criminal law did R V Shivpuri 1886 overrule?

A

Anderson V Ryan 1985

20
Q

Why was it acceptable for the HOL to use the practise statement without critique for a criminal case in R V Shivpuri 1986?

A

The case of Anderson V Ryan 1985 was criticised by academic lawyers at the time

21
Q

What did the case of R V Shivpuri 1986 involve?

A

on attempts to do the impossible

22
Q

In when/what case was the 4th use of the practise statement (the 7th overall) ?

A

Pepper V Hart 1993

23
Q

What case did Pepper V Hart 1993 overrule?

A

Davis V Johnson 1978

24
Q

Describe the case of Pepper V Hart 1993

-what did it ban?(1)

A

Overruled previous ban on use of Hansard in statutory interpretation
(hansard=debate of an Act of Parliament)

25
Q

Which case was the 5th use of the PS (8th overall)?

A

R V R&G 2003

26
Q

Which case did the 5th use of the PS statement, RVG&R2003 , (8th overall) overrule?

A

-Caldwell 1982

27
Q

Describe the case of R V G &R 2003

-why did it overrule Caldwell 1982

A

-HOL overruled decision that Recklessness included a situation where D has not realised risk of own actions causing damage but where an ordinary person would have