law cases

• original precedent = Gillick contraceptive advice received


  whilst below age a legal consent. gillick sort a declaration that advice was unlawful and interfered with parental rights.

  held: Parental rights did not exist. Gillick competence test introduced that a minor will be able to consent to treatment If demonstrates sufficient understanding + intelligence to understand just what is proposed.
• Hedley bryne dere pure economic loss


  non-recoverable in english law- damage for pure economic loss would arise when: fiduciary relationship arises, party preparing advice

  has voluntarily assumed the risk, reliance on advice.
• distinguished - Balfour 


  husband overseas paid maintenance fees for wife. husband stopped it. agreement was purely social + therefore presumed the parties did not intend to be legally bound.
• law reform public enquiries - R v prime minister


  held prorogation of Parliament had been unlawful, null and void.
• delegated legislation - example of enabling act is disability discrimination act


  which gave secretary of state powers to make regulations on employment and services
• intrinsic aid - 


  decision on whether teacher had to pay tax on Perk he received in reduced School fees. House of lords departed from davis and held the hansard may be reffered to. no tax
• davis


  man beat women + woman fled flat. applied to exciude man from flat. court held a liberal interpretation to 1976 act + found It confers right to exclude violent person married or not.
• original precednet donoghue developed neighbour principle

  your neighbour is a Person so closely + directly by my act i ought to reasonably have them in contemplation. you are to love your neighbour, not Injure your neighbour, take reasonable care to avoid acts or omissions that may injury your neighbour.
• the commison - re tachographs

  court held uk had to implement a council regulation on the use a tachographs. ECJ States it was automatically national law in all member states
• establisted criteria for referral of domestic cases to eu court-

  Bulmer described product as champange i was not entitled as didnt come from champagne region g France. Bulmer appeared to european court. Declined to refer case to eu court to be worthy has: have fact already settled, case an Same matter had not already been settledd, Question in legal matter should not be act eclair.
• law reform - R v R

  D charged with attempted rape of wife. no formal legal separation. House of lords overturned matrimonial exception to rape
• law refrom - stephen Lawrence 


  macpherson report recommended that the rule against double jeppardy (rule once aquitted the accused can't be retrialed) should be reappealed in murder cases Hit should be Possible with new evidence coming into light.
• golden rule - Maddox 


  road traffic act made it an offence to drive vehicle adapted for 7 or more people over 30mph. minibus carried 11 people since It wasn’t adaptad it can not be prosecuted. but golden to applied means may took adapted to also mean suitable which the minibus was.
• mischief rule - heydons case


  provides judges should cansider 3 factors: law before statute passed? What problem Statue was trying to remedy, what remedy parliamens was trying to provide.
• mischief rule elliot 


  D car parked on road and was unusable got charged with offence under road traffic act. Mischief rule applied and held car represented a hazard therefore insurance would be required in event of an accident.
• hutchinson

  • eu court overuled deciso on vinter and said only breach human rights if no possibility of review.
• confiscation orders


  may they should deprive defendant of the benefit gained from their criminal conduct
• police bail


  hookaway -clock is ticking regardless whether pilice is questioning suspect. therfore after 96hours suspect is released and only rearresrd when new evidence occurs.
• jury free trial if risk of tampering 


  second retrial whete improper approahces made to 2 jury members. dnager of jury tamering was at its most extreme.
• discharging jury - Gregory

  judge decided to deal with an allegation of racial bias in jury trying black defendant. allegation made in note passed to judge following jury retirement.
• contempt of court - scotcher 


  scotcher was found in breach of s1 contempt of court act. disclosed details of what went on in a jury room in a letter.
• advantages of jury kronlid

  4 women peacefully campaigned for 1.5million worth of damages on a fighter jet to be sent to Indonisiea jury said they are morally correct and aquited them - fairness to open trial.
• advantages of jury - Owen

  • mother helped assiting daughter in suicide as she had been ill for 17years jury found not guilty.
• detention under s90 powers of criminal acts - r v home sec 


  home secretary had failed to have regard to the development of the child along with deterrence, risk and therefore his decision was unlawful.
• role of expert trial process - clark

  evidence was insufficient to establish guilt beyond all reasonable doubt post moterm examination was not put before the jury and it was critical to any conclusion on cause of death. conviction quashed.
• direct effect Marshall


  dismissed at 60 because she was a women. Men retirment age at 65. The directive precludes sex discrimination in retirement age.
• r v mayor of London

  implemented congestion charge scheme. this was Challenged on statutory compliance held mayor decision there wes no violation schemes. - Directives
• cia security 


  laws on technical regulations enacted without compliance with notification requirements. The directive lays down a precise obligation to notify technical regulation + national court must decline to apply a technical regulatiant hat was not notified in accordance with the directive 83/189.
• finanze 


  Importer said a Charge was illegal. Italian cart referred to ECJ + they said national court is under a duty to apply european law.
• distinguish Merritt


  mr merritt appealed on house beloning to previous partner. was unsuccessful. when parties in proccess of seperating the presumption of no intention to create legal relations doesnt apply. mrs merritt entitled to matrimional home entirely.
• use of practive statment criminal- r v r + g

  departed from caldwell definition of recklessness changed to when they are aware of a risk that will exist or does exist and it is in the circumstances known to him unreasonable to take the risk.
• use of practice statment civil

  pepper v hart
• court of appeal bound by supreme court decisons exception in young v bristol

  court is bound to decide; which of 2 conflicting decisons except it should follow, court bound to refuse to follow house of lords decision, court not bound to follow decisons of its own if satisfied decision given per incuram.
• ultra vires - fullham

  deciding whether fulham corp had acted ultra vires by providing general laundry service which was explicitly not organised by the legislation. held acted ultra vires. public health act gave power to disinfect clothes not wash and dry.
• ultra vires - agriculutral board 


  order declared invlaid because requirement to consult with intresting parties had not been complied with.
• literal rule whitely 


  statute made an offence to impersonate any person entitled to vote. man impersonate dead man. literal rule applied and defendant acquitted.
• literal rule - fisher 


  display of knife was not an offer of sale but merely and invitation to treat in legal terms its position in the woindoe ws inviting customers to offer.
• r v state 


  not apply literal rule as felt it would not reflect parliamnets intention
• trial process turner 


  judges noty allowed to be involved in plea bargaining, goodyear - defendant can request an indication from the judge as to likelu sentence if plead guilty.
• lay magistartes eccles


  conviction quashed as lay assissted in decision making.