English legal system caselaw crib-sheet

Adler v George (1964)`Golden rule': `in vicinity of' can be read as `in'
Associated Provincial Picture House v Wednesbury Corporation (1947)Administrative decision ultra vires if indedensibly unreasonable
Observer and Guardian v UK (1992) (`Spycatcher case')restriction of press freedom cannot be justified on security grounds if no actual risk exists
Bentley v Brudzinski (1982)unjustified detention is not a `duty' of a constable
Broome v Cassell (1972)House of Lords asserts its decisions binding on Court of Appeal
Castorina v CC Surrey (1988)Whether there are `reasonable grounds' for arrest does not require near-certainty of guilt
Chappell and Whitley (1868)`Literal rule': impersonating a dead person is not impersonating a person entitled to vote
Christie v Leachinsky (1947)A person has a right to know why he is being arrested
Condron v UK (2001)Jury should be given an opportunity to consider whether defendant's refusal to answer questions has reasonable grounds
Donnelly v Jackman (1970)Not every trivial interference with liberty constitutes an arrest
Grey v Pearson (1870)`Golden rule': statute may be read to as to avoid absurdity
Factortame v Secretary of State for Transport #1 (1989)EU regulations must be given priority of domestic law
G v DPP (1997)Whether there are `reasonable grounds' for arrest must be objectively reasonable
Heydon's case (1584)Establishes the `mischief rule'
John Lewis v Tims (1952)Citizen's arrest not rendered unlawful if arrestee not delivered to police immediately
Kenlin v Gardiner (1967)There is no power of detention short of arrest
Magor and St Mellons RDC v Newport Corp (1950)Lord Denning's famous attempt to introduce a more purposive reading of statute; overruled by House of Lords
Miliangos v George Frank Textiles (1967)Damages can be awarded in currency other than sterling (House or Lords departing from its own precedent)
Pepper v Hart (1994)Courts can consult Hansard
R v Alladice (1998)Wrongful delay in access to legal advice does not automatically render evidence inadmissible
R v Allen (1872)`Golden rule': `married' can be read as `having gone through a ceremony of marriage'
R v Argent (1996)Inferences only drawn from silence under s.34 CJPOA if suspect cautioned
R v Aziz (1995)A statement that contains both incriminating and exculpatory elements should be presented as a whole to the jury
R v Badham (1987)PACE s.32 does not give an open-ended right to return to the place of the arrest and search it
R v Chandler (1976)Refusal to answer questions before caution not evidence of guilt
R v Cowan (1995)CJPOA s.34 does not abolish the `right to silence', and does not apply only in exceptional cases
R v Danvers (1982)Jury need not be racially balanced
R v Dunford (1982)Breach of s.54 PACE does not automatically engage s.78 if suspect would have been aware of his legal rights
R v Fennelly (1989)Failure to give grounds for search renders it unlawful
R v Goldenberg (1988)s.76 PACE not engaged when confession unreliable by the accused's drug addiction
R v Harris (1836)`Literal rule': `Stab, cut, or wound', does not include use of teeth
R v Home Secretary ex p Venables and Thomspson (1997)Home Secretary should not set sentence tarifs
R v Judge of the City of London Court (1891)Lord Esher's famous statement of the literal rule: statute must be followed even if absurd
R v Lemsatef (1976)No power to detain to `Help police with their enquiries'
R v Mason (1988)Evidence accepted under s.76 PACE not automatically excluded from consideration under s.78
R v Miller (1976)Whether police questioning `oppresive' does not depend on the characteristics of the suspect
R v Sang (1980)Evidence gather unlawfully not automatically excluded; prejudicial effect must outweigh probative value
R v Samuel (1988)Power to delay legal advice to detainee requires grounds to believe that advisor will, not might, interfere with justice
R v Parris (1989)Power to delay legal advice to detainee unlikely to be justified when the advisor is the duty solicitor
R v Self (1992)Citizen's arrest unlawful where no offence is found to have been committed
R v Sharp (1988)A statement that contains both incriminating and exculpatory elements should be presented as a whole to the jury
R v Spencer (1987)In principle, criminal division of Court of Appeal is bound by its prior decisions
Rice v Connelly (1967)No general duty to answer questions from police; refusal does not amount to obstruction of the police
Ricketts v Cox (1982)Refusal to answer questions, together with conduct, may amount to obstruction
Rondel v Worsely (1969)Person convicted cannot reopen proceedings by suing his own lawyers for negligence
Spicer v Holt (1977)Arrest is a factual matter, signalled by deprivation of liberty, not a theorectical one
SW v UK (1996)Conviction for martial rape upheld, despite that it was not an offence at the time of commission
Walter v WH Smith (1914)Citizen's arrest unlawful where no offence is found to have been committed
Willis v Baddeley (1892)There is no `judge-made law'
Young and Bristol Aeroplane (1944)Court of Appeal bound by own decisions, except where (i) per incuriam or (ii) overruled by HoL or (iii) precendents are in conflict

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