Sources of law cases

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  • Created by: tialou
  • Created on: 12-05-16 20:48
Hunter v Canary Wharf 1995
Involved deciding if interference of TV reception ffrom the tower was an actionable nuisance. An example of original precedent.
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R v R 1991
Using reasoning from COA the HOL decided a man could be guilty of marital r***. This is an example of persuasive precedent.
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R v Gotts 1992
Using obiter dicta from R v Howe by HOL, it was held duress could not be a defence to murder. An example of binding precedent.
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London Street Tramways 1898
In this case HOL were held to be bound by all precedent in future.
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Comway v rimmer 1968
The first official use of the practice statement however it was only on a technical point.
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Addie v Dumbreck 1929
A child was killed playing on machinery after trespassing on land. It was held the land owner does not owe a duty of care to trespassers. An example of binding precedent.
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Herrington 1972
Similar case to Addie. The first official use of the practice statement to decide that land owners owe a duty of care to everyone. Also an example of binding precedent.
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Anderton v Ryan 1985
VCR case which held offenders could not be guilty of attempting the impossible.
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R v Shivpuri 1986
Veg drug case. Prectice statement used to depart from Anderton precedent and the offender could be guilty of attempting the impossible.
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Young v Bristol Aeroplane 1944
Case gave exceptions of when the COA didn't have to follow their previous precedent.
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Williams v Fawcett
COA refused to follow precedent as there was a misunderstanding in the county court of the rules for the procedure for committing to prison those who break court undertakings.
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R v Simpson
COA (criminal) overruled previous precedent on the basis that the law has been misinterpreted or misunderstood
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Balfour v Balfour 1919
Case could not proceed because there was no intention to create legal relations.
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Merritt v Merritt 1971
Distinguishing used from B v B as they were separated before the agreement was made.
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Pepper v Hart 1993
(Hansard case) An example of overruling as HOL overruled Davis v Johnson 1979.
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R v Home secretary Fire Brigades 1995
Changes by the home secretary to the Criminal Injuries Compensation scheme were held to be beyond his powers. An example of substantive ultra vires.
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Strickland v Hayes Borough Council 1896
Bylaw made prohibiting singing any obscene song or language in general. Held ultra vires as it covered public and private areas. An example of unreasonable ultra vires.
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Aylesbury Mushroom case 1972
Minister failed to consult the Mushroom Growers Association, going against the procedure in the enabling Act. This is an example of procedural ultra vires.
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Re Tachographs 1979
Court held that UK had to implement a council regulation on the use of mechanical recording equipment. This is an example of direct effect.
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B&Q case 1990
Welsh court referred case related to sunday working hours to ECJ. An example of a discretionary referral under Article 267 of TFEU.
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Bulmer v Bollinger 1974
COA set out the rules for discretionary referrals.
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Van Duyn v Home office 1974
First case for discretionary referral. ECJ held that an individual was entitles to rely on Article 45 giving the right of freedom of movement.
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Marshall v Southampton 1986
Marshall was to retire at 62 when a male in the same role didnt have to retire until 65. This wasnt implemented in the UK but EU Equal Treatment Directive allowed it. An example of vertical direct effect.
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Duke v GEC 1988
Ms Duke was unable to rely on the Equal Treatment Directive because the claim wasnt against the state. This is an example of the horizontal effect.
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Cheeseman v DPP
Man exposing himself in public bathrooms. Arrested by specifically stationed officers. These officers weren't classed as 'passengers' so the case was quashed. Literal rule.
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Whitely v Chappell
A dead person wasnt counted as 'entitled to vote' so the case was quashed. Literal rule.
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Oiling points wasn't counted as 'repairing or relaying' so the case was quashed. Literal rule.
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Adler v George
The protesters were in the air field, not 'in the vicinity.' The golden rule, Broad approach was used to make it 'within and in the vicinity of.'
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Re Sigsworth
Son convicted of murdering his mother was next 'issue.' Golden rule used to alter the Act so criminals don't benefit from their behaviour.
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Man married for a second time without divorce which was an offence. He argued that he technically wasn't married. Golden rule used to prevent absurd results.
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Smith v Hughes
It was an offence for prostitues to solicit on a street or public place. One was on a balcony and one was at a ground floor window. Mischief was to stop prostituation so D held guilty.
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Eastbourne Borough Council v Stirling
It was an offence to 'ply for hire on any street.' Although he was on a station forecourt he was likely to get custom from the street so he was held guilty.
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Royal College of Nursing
Nurses carried out second stage of abortions with a doctor on call. 'Qualified medical professional' in question. As It was to prevent back street abortions it was quashed.
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Heydons Case
Set out 4 questions for mischief rule. What was the commn law before the act? What was the mischief and defect unaccounted for? What was the remedy Parliament gave? What was the true reason of the remedy?
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Hobbs v CG
Brick case. An example of ejusdem generis
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Tempest v kilner
Stocks and shares 'goods, wares and merchandise. An example of expressio unius exclusio alterius
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Inland revenue v frere
'interest' counted as 'annual interest.' An example of noscitur a sociis
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Card 2


R v R 1991


Using reasoning from COA the HOL decided a man could be guilty of marital r***. This is an example of persuasive precedent.

Card 3


R v Gotts 1992


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Card 4


London Street Tramways 1898


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Card 5


Comway v rimmer 1968


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