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Law Making 4

Judicial Precedent

TermDefinition
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R v R Marital rape case - HL changed outdated law & followed CA's reasoning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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