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Law Making 4

Judicial Precedent

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R v R Marital rape case - HL changed outdated law & followed CA's reasoning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
Broome v Cassell Lord Denning ignored precedent from HL
Schorsch Meir Denning ignored Havana Railways but case not appealed to HL
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
Created by: Mr Lovell


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