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| Where equity and common law conflict, equity prevails. |
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| Judicature Acts (1873-1875) |
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| Fused the common law and equity systems. |
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| Founded the EEC. 'lay the foundations of an ever closer union between the peoples of Europe' |
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| Binding in their entirety. Issued by Commission or Council. |
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Definition
| Binding as to the result to be achieved, but leave the form and methods up to national authorities. Issued by the Commission or Council. |
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| Binding on the members to whom they are addressed. Issued by Commission. |
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Definition
| Allows national courts to make a reference to the ECJ to clarify a point of EC law. |
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| European Communities Act 1972 |
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Definition
| Parliament passed this Act when UK joined the EC. S1 gave direct effect to EC law, ie they became part of domestic law. |
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Definition
| Statutory instruments, by-laws, orders in council, informal rules |
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Definition
a) Interpret statutes
b) develop the common law |
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Definition
# Superior v Inferior
# Criminal v Civil
# First Instance (trial) v Appellate |
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Term
| Can the Supreme Court overrule itself? |
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Definition
Used to be unable to.
Since Practice Statement 1966, can overule itself where it appears right to do so.
This may occur when changing circumstances require the law to adapt, eg Miliangos v George Frank (1976), where the court decided that because of changes in the economy it was time to allow damages to be paid in currencies other than sterling, or even when the SC decides that an earlier decision was simply wrong, as when the decision in R v Shivpuri (1987) overuled Anderson v Ryan (1985), as the HoL decided that it was possible to make an attempt at something impossible. |
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Term
| Is the Court of Appeal bound by its previous decisions? |
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Definition
Yes, apart from the exceptions laid out in Young v Bristol Aeroplan Co. Ltd (1944):
# it may choose between two conflicting decisions (which may occur when two or three hearing are taking place simultaneously)
# when the HoL has overruled the CA's previous decision expressly or impliedly
# When the previous decision was made per incuriam
# In Doughty v Turner Manufacturing Ltd (1964), the CA followed the JCPC's decisions rather than its own precedent.
# The CA may also depart from its previus decisions in the exceptional cases where the HoL would be unable to review its decision. |
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Term
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Definition
1. the court was ignorant of a relevant authority
2. that ignorance led to faulty reasoning
3. had the court reviewed this authority, it would have reached a different decision |
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| Is the Court of Appeal bound by the HoL's previous decisions? |
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Definition
Yes. Denning tried to argue along several lines that the CA need not always follow the HoL's decisions.
# per incuriam. In Broome v Cassell (1971), Denning persuaded the CA not to follow the HoL decision in Rookes v Barnard (1964), because it was made per incuriam. Lord Hailsham rebuked Denning for this departure from stare decisis.
# lapsed rule. Schorsch Meier GmbH v Hennin (1975). HoL disapproved. |
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Term
| R v Faqir Mohammed (2005) |
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Definition
| A case concerning provocation as a partial defence to murder. The Court of Appeal followed the JCPC’s decision in AG for Jersey v Holley (2005), rather than the HoL’s decision in R v Smith (Morgan James)(2000). Thus the JCPC can, in certain circumstances, overrule the HoL. |
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Definition
| Woolf Reforms. Moves away from adversarial style towards more judge-managed, inquisitorial style. Aimed at getting parties to disclose as much evidence as possible at an early stage. Eg Judges can stay proceeding for 28 days to allow the parties to use ADR. |
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| Four main historial periods in English law |
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Definition
Pre 1066 Patchwork of laws, tribal
1066- 1485 Norman conquest: common law
1485-1832 Equity develops
1873- present day Consolidation, EC |
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Term
| British Railways Board v Herrington [1972] |
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Definition
| the HoL departed from decisions made that there was only a limited duty of care owed to children who trespassed onto property. |
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Term
| Miliangos v George Frank (Textiles) Ltd [ 1976] |
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Definition
| the HoL departed from a previous decision that all awards of damages in English courts must be made in sterling. |
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Definition
| The HoL departed from its previous decision in Anderton v Ryan (1985) that it was impossible to attempt to do the impossible. It overturned this decision simply because it felt that it was wrong. |
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Definition
| Denning argued that if a HoL decision was made per incuriam it need not be followed. However Lord Hailsham said that ‘it is necessary for each lower tier, including the Court of Appeal, to accept loyally the decisions of higher tiers.’ |
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Term
| Schorsch Meier GmbH v Hennin (1975) |
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Definition
| Denning argued that if a HoL decision was made based on a set of facts which have changed, the reason for the decision has disappeared and it need not be followed. The HoL disapproved of this idea. |
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