Archive for the 'precedent' Category

Court to rule on unmarried couples’ property rights – BBC News

“The Supreme Court is hearing a case which could have a dramatic effect on the property rights of unmarried couples who split up.”

Full story

BBC News, 4th May 2011

Source: www.bbc.co.uk

Woman pays £1 for MRSA legal claim against hospital – BBC News

“A woman seeking compensation from a Norfolk hospital after taking over an MRSA sufferer’s damages claim could set a legal precedent, a court has heard.”

Full story

BBC News, 24th March 2011

Source: www.bbc.co.uk

Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same – WLR Daily

Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same [2010] WLR (D) 193

“When it was not possible to reconcile a decision of the House of Lords in relation to the proportionality and legitimacy of the indefinite retention on the United Kingdom’s Police National Computer of biometric data obtained in the course of criminal investigations with a subsequent holding by the European Court of Human Rights that the policy was unlawful, the doctrine of precedent and legal certainty demanded that the Divisional Court should follow the decision of the House of Lords, notwithstanding that both the previous government and the newly elected government of the United Kingdom had signalled their intention to amend the relevant legislation.”

WLR Daily, 19th July 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Magro and others – WLR Daily

Regina v Magro and others [2010] EWCA Crim 1575; [2010] WLR (D) 176

“Although a five-judge constitution of the Court of Appeal (Criminal Division) had a discretion to decide that a previous decision of that court should not be treated as a binding decision when it was wrong, it was not entitled to disregard or deprive the only decision of a three-judge constitution of the court of its authority on a distinct and clearly identified point of law, reached after full argument and close analysis of the relevant legislative provisions.”

WLR Daily, 9th July 2010

Source; www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

The Law Explored: when the Lords changes its mind – The Times

“Last week, in the so-called Lotto rapist case, the law lords said the law was wrong and changed it. How can they do that?”

Full story

The Times, 6th February 2008

Source: www.timesonline.co.uk

Gibson v Government of the United States of America – Times Law Reports

Board can depart from its own decisions

Gibson v. Government of the United States of America

Privy Council

“The principle of stare decisis was not absolute and the Privy Council could exercise its power to depart from precedent if it concluded that one of its own previous decisions was incorrect.”

The Times, 3rd August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

Gibson v. Government of the United States of America – WLR Daily

Gibson v. Government of the United States of America

“The principle of stare decisis was not absolute and the Privy Council should exercise its power to depart from precedent if it concluded that one of its own previous decisions was incorrect, even if that incorrect decision could no longer be regarded as impeding the proper development of the law.”

WLR Daily, 23rd July 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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