Cases for Judicial Precedent OCR
- Created by: Holly
- Created on: 22-05-13 17:46
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Clues
- (Howe) Duress cannot be used as a defence for murder (Gotts) Duress cannot be used as a defence for attempted murder. Persuaded by obiter dicta. (1, 1, 5, 1, 5)
- 1st case the Practice Statement was used, on a technical point on the discovery of documents in 1968 (6, 1, 6)
- 1st Criminal case in 1986 (1, 1, 8)
- A person could be guilty of murder if a reasonable person would have forseen that death. Changed by an Act of Parliment. (3, 1, 5)
- A vessel leaked oil, cotton debris set on fire. Destruction of boats and wharf. Privvy Council (5, 5)
- Appeal came to CoA who should have followed judgement but went to HoL. HoL used Practice Statement to overrule precedent, but made it clear that CoA should follow precedent. Over whether damages could be paid in Sterling. (9)
- Ban on Hansard overruled with the Practice Statement (6, 1, 4)
- CoA refused to follow a case because it was made 'per incurium' (8, 1, 8)
- CoA refused to follow R v Gough (HoL) because it was not in line with ECHR. (2, 11)
- Made new law. Manufacturer owes a duty of care to ultimate consumer, created the neighbour test. (8, 1, 9)
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