UK · Year 1 · English Legal System
Precedent & Statutory Interpretation
How judges decide and read statutes.
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Show all 8 questions and answers in this book
1.Practice Statement (Judicial Precedent) 1966?
The House of Lords announced it would depart from its own previous decisions when it appeared right to do so; the Supreme Court has the same power.
[1966] 1 WLR 1234
2.Young v Bristol Aeroplane Co [1944] — exceptions?
The Court of Appeal is bound by its own decisions except where (1) two of its decisions conflict, (2) its decision is inconsistent with a later House of Lords decision, or (3) its decision was given per incuriam.
[1944] KB 718 (CA)
3.Willers v Joyce (No 2) [2016] — held?
The Privy Council can, in exceptional circumstances, direct English courts to follow its decision rather than an earlier House of Lords or Supreme Court decision.
[2016] UKSC 44
4.Literal rule example?
Whiteley v Chappell (1868): impersonating "a person entitled to vote" did not cover impersonating a dead voter, because a dead person is not entitled to vote.
(1868) LR 4 QB 147
5.Golden rule example?
Adler v George [1964]: "in the vicinity of" a prohibited place was read to include being inside it, to avoid an absurd result.
[1964] 2 QB 7
6.Mischief rule — origin and example?
Heydon's Case (1584) asks what mischief the Act was meant to remedy; Smith v Hughes [1960] held soliciting from a balcony was soliciting "in a street".
(1584) 3 Co Rep 7a; [1960] 1 WLR 830
7.Pepper v Hart [1993] — held?
Courts may refer to Hansard where legislation is ambiguous, the material is a ministerial statement, and the statement is clear.
[1993] AC 593 (HL)
8.Ratio decidendi vs obiter dictum?
Ratio: the legal principle necessary to the decision, which binds lower courts. Obiter: other remarks, which are only persuasive.
Doctrine of precedent