Case studies

Ratio decidendi: Donoghue v Stevensons

• A woman drank ginger beer containing a decomposed snail causing illness

• She could not sue directly as she didn’t buy the product herself

Issues:

• Does a manufacturer owe a duty of care to a consumer who didn’t directly purchase the product

Ratio:

• The court ruled in favour of the woman

• Manufacturers owe a duty of care to consumers affected by their products

Ratio decidendi: Daniels v White(1938)

Facts:

• A man bought lemonade but whilst drinking felt a burning sensation in his mouth as it contained a corrosive metal

• Why does Donoghue v Stevenson’s apply: both cases addressed whether manufactures are liable to harm caused to consumers via their products

Orbiter dicta: R v Howe (1987)

Facts:

• Howe & Bailey (19 yrs) , Bannister (20 yrs) were acting out orders from Murray (55 yrs)

• Charges are 2 murders + 1 conspiracy to murder

Ratio:

• House of Lords rule that defence of duress is not awarded for murder whether it be a principle offender or one who assists

• See 1966 practice statement to over rule DPD for Northern Ireland v Lynch which allowed defence in relation to those who assist the murder

• Also stated that obiter dicta the the defence shouldn’t be available to one who attempts murder

Orbiter Dicta: R v Gotts (1992)

Facts:

• 16 yr old boy was ordered by his father to kill his mother otherwise the father would shoot him.

Outcome:

• Court of Appeal decision: the court was persuaded from the Obiter dicta from R v Howe and followed it

Hunter V Canary Wharf (1990)

Facts:

• The defendants tall building disrupted the claimants TV reception

• No prior cases addressed this issue

Issue:

• Could the claimants sue for loss of TV reception

Outcome:

• The court applied Aldred’s principle (1610): only those with a legal interest in the land could sue

• the owner’s right to build, subject to planning control & precedent

R v Miller(1954)

Facts:

• The court held that a husband could not be guiltily of raping his wife due to the legal principle implied marital consent

• This principle was asked on the idea that by marrying someone, consent was given indefinitely as part of marriage contract

R V R (1991)

• Defendant was prosecuted for raping his wife from whom he was separated from

• The court decided if the old principle marital consent still applied

R v Miller overruled:

• R R — the court ruled that the notion of implied marital consent was out dated and no longer applicable in modern society

• R v M (1991) established that a husband could indeed be guilty of raping his wife regardless of marital status, making significant shift in law

Gillicks’ v West Norfolk and Wisbech Area Health Authority(1985)

• Original: the Court of Appeal ruled that doctors could not provide contraceptive advice or treatment to under 16s without parental consent

• Reversed by the House of Lords: the House of Lords reversed this decision, establishing that under 16s could consent to medical treatment if they had sufficient understanding and intelligence to appreciate what was proposed

• This is known as Gillicks’ competence

Balfour V Balfour(1919)

• Facts: a husband promised his with a monthly allowance while he was away on business. She he failed to pay she sued

• Legal issues: whether the promise constituted a legally binding contract

• The court established the principle: agreements between spouses made in the domestic sphere are generally not intended to be binding (presumption such agreements are familial arrangements and not commercial transactions)

Merrit v Merrit 1971

• Facts: a husband and wife were separated. The husband promised to transfer matrimonial home to the wife is she repaid the mortgage.She did but he refused to transfer the property

• Legal issues: whether the promise constituted a legally binding contract

Distinguishing between M vim and B v B

1. Separation: the parties in M v M separated, indicating a more formal business-like relationship that two spouses together

2. Repayment of mortgage: the wife’s repayment of the mortgage was a clear commercial act — the parties intended their agreements to be legally binding

3. Intentions to create legal relations: the court inferred that the parties actions and nature of their agreements presented their intention to create a legal relationship

Precedent set: agreements between spouses can be legally binding if there is clear evidence of an intention to create legal relations

case example that shows the challenges of parliamentary sovereignty

R(Miller) v Secretary of State for exiting the EU (2019):

• Supreme Court ruled that the government could not trigger article 50 to leave the EU with Parliament’s approval

• the decision reaffirmed parliamentary sovereignty defined- by ensuring that significant changes like Brexit required Parliament’s direct involvement

literal rule case example: Whitely v Chappell

• facts: D impersonated a dead person to vote

• issue: the statute made it an offence to impersonate ‘any person entitled to vote’

• ratio: bc of the literal rule was applied, and since dead people are not entitled to vote the D was found not guilty

literal rule case example: London and North Eastern Railway v Berriman

• facts: a railway worker was killed while oiling the tracks, and his widow sought compensation

• issue: compensation was provided only for death during “relaying and repairing” the track

• ratio: applying the literal rule “oiling” was not deemed “relaying or repairing” so no compensation was awarded

literal rule case example: Cheeseman v DPP

• facts: a man was caught exposing himself in a public toilet to undercover officers

• issue: the relevant statute made it an offence to expose oneself to “passengers” did not apply to police officers stationed in the toilet, leading to D’s acquittal

• ratio: under the literal rule, the term “passengers” did not apply to police officers stationed in the toilet

Golden rule narrow approach case example: Adler v George (1964)

• facts: D was arrested for obstructing a member of the armed forces ‘in vicinity of’ a prohibited place but was actually inside the place

• issue: the literal meaning of ‘in the vicinity of’ did not include being ‘inside’ the place

• ratio: by applying this approach, being ‘in vicinity of’

Golden approach narrow: R v Allen (1985)

• facts: D was charged with bigamy under a statute making it illegal to “marry” someone whilst being married

• issue: the literal interpretation would make the offence impossible, as one cannot marry legally whilst already being married

• ratio: interpreted “marry” to mean go through a marriage ceremony

Golden approach wide: Re Sigsworth

• facts: a son murdered his mother and stood to inherit her estate, as she died without a will

• issue: the statute suggested he would inherit as her next of kin despite the murder

• ratio: applying the wide approach of the golden rule the court ruled that a murder should not benefit from their crime

mischief rule: Heydon’s case (1584)

• was a landmark case that established the mischief rule it established the questions:

  • what was the common law before the statute?

  • what was the mischief or defect which the common law did not provide?

  • what remedy has parliament resolved and appointed to cure the defect?

  • what is the true reason of the remedy

mischief rule: Smith v Hughes (1960)

• facts: prostitutes were attracting clients from private premises rather than on the street itself

• issue: the law prohibited soliciting ‘in a street or public public place’ — so did soliciting from a private space but visible street count as well?

• ratio: ruled the aim of the law was to prevent public soliciting, regardless of of where the prostitutes were standing. D was found guilty

mischief rule: Royal College of Nursing v DHSS

• facts: Abortion Act 1967 permitted abortions to be preformed by a ‘registered medical practitioner’, due to medical advances, nurses could now carry out part of the procedure

• issue: the statute’s wording suggested only doctors could preform abortions, raising questions of whether nurses could lawfully do so

• ratio: held that since the goal was safe procedures, nurses could preform part of the abortion as long as it was under medical supervision

purposive approach: R v Registar General ex parte Smith (1990)

• facts: D wanted to obtain a copy of his birth certificate under the law at the time this would have been granted, however D was a convicted murder with a history of violence, it was questioned if having his birth certificate would pose a significant threat to his mother

• ratio: held that D was not given the access to the birth certificate

Purposive approach: Jones v Tower boot (1997)

• facts: C was subjugated to verbal abuse and physical attacks by fellow employees. C believed it was racially motivated

• ratio: an employer can be held liable for acts of discrimination and harassment committed by employees if it can be shown that the employer did not take reasonable steps to prevent such behaviour

Purposive approach + hansard Pepper v Hart

• the HoL had to decide whether a teacher at a private school had to pay tax on the perk he received in the form of reduced school fees

• ratio: the teacher did not have to pay tax on the perk he received due to purposive approach referring to Hansard

statutory instrument example: Dangerous Dogs (designation of breeds) order:

• enabling act: Dangerous Dogs Act 1991

• power delegated: Home Secretary — can add breeds to the list of dangerous dogs

statutory instrument example: national minimum wage (amendment) regulations

• enabling act: National minimum wage act 1968

• power delegated: Secretary of State for business — can increase the national minimum wage

orders in council example: Reclassification of Cannabis order

• enabling act: Misuse of Drugs Act 1972

• power delegated includes: can reclassify controlled substances quickly in response to changing risks

orders in council example: The emergency regulations order

• enabling act: emergency powers act 1920

• power delegated: privy council can create regulation during times of emergency when parliament is not sitting

orders in council example: Terrorism (UN measure)

• enabling act: terrorism act 2000

• power delegated: privy council can freeze assets and restrict funding for organisations or individuals suspected of involvement in terrorism

common example of authority bylaws are created from

Local Government Act 1972

By law example: Basingstoke & Deane Bylaws

• Dog control: requires dogs to be kept on leads in certain areas and mandates owners to clean up after their pets

• alcohol consumption: restricts the consumption of it in designated public places to prevent anti-social behaviour

private companies bylaw example: Consumption of intoxication liquor in designated areas

• enabling act: Highways Act 1980

• power delegated: any person who consumes alcohol in a designated place after being warned by a constable not to so shall be guilty of an offence

Substantive Ultra Vires Case example: Home Secretary of State v Fire Brigades Union (1995)

the home secretary tried to introduce a compensation scheme that went beyond the powers granted under the CJA 1988 — it was ruled this power was an unlawful use of the delegated power

Procedural Ultra vires: Aylesbury Mushroom Case (1972)

the minster of labour failed to consult the mushroom growers association as required before passing legislation affecting the industry. held the legislation as being procedurally ultra vires and invalid

Wednesbury unreasonableness: Wednesbury Corporation Case (1948)

The local council imposed conditions on cinema licences that were deemed unreasonable. Court established the principle of wednesbury unreasonableness stating: ‘devions must not be so unreasonable that no sensible person have arrived at them’

examples of media- driven law reform: Clare’s law (2014)

the media highlighted domestic abuse risks following Clare Wood’s murder — allows individuals to check if their partner has a history of dmv

examples of media- driven law reform: MP’s expenses scandal 2009

MPs misused public funds through improper expense claims — highlighting a lack of transparency

examples of media- driven law reform: Dangerous Dogs Act 1991

media created moral panic over dog attacks pressuring the government to act quickly — banning certain dangerous dog breeds and imposing stricter penalties on owners

examples of media- driven law reform: ‘Draconian’ Anti-terrorism law

media extensively covered global terrorism threats especially after 9/11, heightening public fear and security — this coverage influenced the swift enactment of anti-terrorism crime and security act 2001 which allowed for the indefinite detention of foreign nationals suspected of terrorism