Young v Bristol aeroplanes 1946
Civil divisions are bound by president except for 4 circumstances. 1. Per incuriam (r v Cooper materials) 2. Two previous condflicting decisions 3. How already overruled the decision 4. The decision was not followed before, not to be followed now
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Disadvantages of Mischief rule
- old rule, based on a different type of legislation process - judges law makers - undermine supremacy n separation - own views
2 of 16
De lasala v De lasala
Privy council case, lower courts should follow precedent unless theres a conflicting higher court
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Fisher v Bell 1961
Literal rule, offensive weapons act, illegal to sell, hire or offer to sell weapons. D flick-knife in window. Not guilty- invitation to treat
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DPP v Bull
Male arrested for prostitute. The act street offence act S1(1) common prostitute. Woman or Homosexual. Wolfenden report
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ECtHR. European laws take direct effect even if it conflicts with English law including statutes
6 of 16
Willers V Joyce
Supreme Court said that the privy council has the right to overule appeals that have come from the CA or SC. Then that is new law.
7 of 16
royal collage of nursing v department of health and social security 1981
Abortion act 1967. medical professionals can do abortions only. using the mischief rule extended to nurses in 1972. only aimed to remove backstreet abortions
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pepper v hart
use of purposive approach in pure domestic legislation
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smith v Hughes
offence of the street act. prostitutes cannot loiter or solicited on the street. did it from there windows. mischief rule changed to from the street
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r v city of London
Esther- if the words of an act are clear we must follow them even if it leads to absurdity
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London and north eastern railway v Berriman
Railway worker died. literal rule. he oiling tracks not replacing. widow got nothing
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RE Shwepps agreement
automatic telephones v electric. Willmer, made a decision on a case regarding documents then in the afternoon he had another case with similar facts. had to follow precedent. Immediate impact.
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1970 man ***** his wife. this became illegal and he was convicted. he appealed. court said the law was retrospective and he should have foreseen it
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R V R and G 2003
two boys went camping and set fire to a paper. this set on fire the co op and caused 1,m damage. Caldwell- recklessness. guilty. appeal. not guilty, age. moral blaimworthyness
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D v eastbuckshire community NHS trust 2003
CA didn't follow decision incomparable with convention because 1. EC disagreed with HoL
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Card 2


Disadvantages of Mischief rule


- old rule, based on a different type of legislation process - judges law makers - undermine supremacy n separation - own views

Card 3


De lasala v De lasala


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Card 4


Fisher v Bell 1961


Preview of the front of card 4

Card 5


DPP v Bull


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