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Law Making 4
Judicial Precedent
| Term | Definition |
|---|---|
| Donoghue v Stevenson | HL established the principle that a manufacturer owes a consumer a duty of care |
| R v R | Marital rape case - HL changed outdated law & followed CA's reasoning |
| R v Gotts | Attempted murder - followed obiter from R v Howe |
| DPP v Smith | ABH Ponytail - original precedent |
| R v Davis | Anonymous witness rule - overruled by statute |
| London St Tramways v LCC | HL bound by itself from 1898 |
| Austin v Mayor of Southwark | Practice Statement applies to Supreme Court |
| Herrington v BRB | Duty owed to trespassers - overruled Addie v Dumbreck |
| R v Shivpuri | Overruled Anderton v Ryan - attempts |
| R v G & R | Overruled R v Caldwell - recklessness |
| Miliangos | Denning ignored Havana Railways. HL agreed with argument but said CA should follow HL precedent |
| Young v Bristol Aeroplane | 3 scenarios where CA can avoid its own precedents |
| Rickards v Rickards | CA ignores precedent set per incuriam |
| Davis v Johnson | HL approved Young v Bristol Aeroplane |
| Gould | CA criminal division has more flexibility |
| Willers v Joyce | Privy Council may now bind/overrule English courts |
| Balfour v Balfour | Distinguished in Merritt v Merritt |
| Merritt v Merritt | Distinguished Balfour v Balfour |
Created by:
Mr Lovell
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