Judicial Precedent: The Practice Statement Flashcards
What is the Practice Statement?
In 1966, it was agreed that HOLs should have flexibility so Lord Chancellor issued the Practice Statement 1966 to allow judges the power to change the law ‘where it appears right to do so’
What did Austin v Southwark state?
The Practice Statement would continue to apply in the UK SC
What case did SC use the PS?
Kanauer v Ministry of Justice to overrule two previous HOLs decision on the date daamges should be calculated
What was SC called befreo 2009?
House of Lords
Originally what did the HOLs have the right to do?
Overrule their past decisions but it made the law uncertain but flexible
What did London Street Tramways v London CC state?
Certainty was more important in order to comply with the ROL
What happened between 1898 and 1966?
HoL completely bound by its own decisions
Unsatisfactory as law couldn’t change to adapt to society
What happened in DPP v Smith?
HoLs ruled that a person could be guilty of murder if the RM could foresee death or serious injury
What are two civil cases?
Addie v Dumbreck
BRB v Herrington
What happened in Addie v Dumbreck?
HoLs decided that the parents owed a DOC to the trespassing children not the railway company
How did Addie v Dumbreck differ from BRB v Herrington?
Addie v Dumbreck was overrules using the PS which stated the railway company did owe a DOC
What was the reason for the change in the civil cases?
Societal change
What are two criminal cases?
Anderton v Ryan
R v Shivpuri
What happened in Anderton v Ryan?
HoL rules that attempting the impossible was a defence
How does Anderton v Ryan differ from R v Shivpuri?
Overrule using the PS stating that ATI is not a defence and a person could still be found guilty
