Sources of Law Cases

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R v R (1991)
HoL agreed with & followed the same reasoning as the CoA in deciding that a man could be guilty of ****** his wife.
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R v Howe (1987)
HoL ruled that duress could not be a defence to a charge of murder.
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R v Gotts (1992)
D charged with attempted murder tried to argue that he could the defence of duress, the obiter statement from Howe was followed as persuasive precedent by CoA.
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London Street Tramways (1898)
HoL decided that it was bound to follow its own previous decisions.
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Conway v Rimmer (1968)
First use of Practice Statement. But only involved a technical point on discovery of docs.
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Herrington v BRB (1972)
First major use of Practice Statement on the duty of care owned to child trespassers.
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R v Shivpuri (1986) & Pepper v Hart (1993)
HoL showed an increasing willingness to use Practice Statement to overrule previous decisions.
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Caldwell (1982)
Practice Statement used to overrule the decision on recklessness in the criminal law.
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R v R & G (2003)
Two boys aged 10 & 11 set fire to some paper in a dustbin but the fire spread & caused over a million pounds in damages. Boys were convicted under the law in Caldwell but The Law Lords overruled & the convictions were quashed.
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Broome v Cassell (1971) & Miliangos (1976)
CoA tried to challenge the rule that SC is above the CoA in the court hierarchy. HoL rejected this challenge, CoA must follow decisions of the SC/HoL.
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Other cards in this set

Card 2

Front

HoL ruled that duress could not be a defence to a charge of murder.

Back

R v Howe (1987)

Card 3

Front

D charged with attempted murder tried to argue that he could the defence of duress, the obiter statement from Howe was followed as persuasive precedent by CoA.

Back

Preview of the back of card 3

Card 4

Front

HoL decided that it was bound to follow its own previous decisions.

Back

Preview of the back of card 4

Card 5

Front

First use of Practice Statement. But only involved a technical point on discovery of docs.

Back

Preview of the back of card 5
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