Summary of my lecture notes and readings for every module in MELS (Modern English Legal System). Written in 'question-answer' format to help with memorising and covers all major issues, cases, etc. for the multiple choice exam.
Helped me get 100% on the exam, so hopefully it helps you too!
● R v HARRIS
○ ‘Cut, stab and wound’ indicated use of instrument/weapon
○ Teeth aren’t a weapon so biting not an offence under Act
● FISHER v BELL
○ Exposing knives in window wasn’t offering for sale
● STOCK v FRANK JONES (TIPTON) Ltd
○ Set out criteria for using the golden rule
● R v ALLEN
○ Golden rule used to interpret Act about bigamy
○ Argued second marriage wasn’t legitimate because of incest
○ Bigamy would be impossible as bigamy is never legitimate
○ Means marriage was interpreted as going through ceremony
● Re SIGSWORTH
○ Act about intestacy didn’t prohibit murderer from inheriting
○ Wasn’t the purpose so was interpreted as being prohibited
● GORRIS v SCOTT
○ Contagious Diseases Act solved mischief of spreading disease
○ Meant animals only need to be penned to prevent disease
○ Non-contagious animals not being penned not an offence
● SMITH v HUGHES
○ Street Offences Act intended to clean up streets
○ Meant cleaning streets of both prostitutes and customers
○ Soliciting customers from above the street still an offence
● R v MONTILLA
○ Confirmed marginal notes are part of the contextual scene
● PEPPER v HART
○ Set out criteria for referring to Hansard
○ House of Lords deciding if teacher had to pay tax on perk
○ Teacher relied on statement made at time Finance Act passed
● ZAFAR v DIRECTOR of PUBLIC PROSECUTIONS
○ Set out additional criteria for referring to Hansard
, PRECEDENT
● WHITTALL v KIRBY
○ Special reasons for non-disqualification of driver defined
○ Being a ‘professional driver’ was not included
● FOOD CORP of INDIA v ANTCLIZO SHIPPING CO
○ Set out criteria for Supreme Court not following precedent
○ Isn’t followed because there’s never only one principle
● YOUNG v BRISTOL AEROPLANE CO. Ltd
○ Set criteria for Court of Appeal not following Supreme Court
● LEEDS CITY COUNCIL v PRICE
○ Conflict between post-1998 decision and later ECtHR decision
○ Appellants claimed order to move infringed Article 8
○ Was a conflicting decisions in House of Lords and ECtHR
○ House of Lords decision was followed over ECtHR
○ Meant absolute right to possession of land didn’t violate it
● DONOGHUE v STEVENSON
○ Contained persuasive obiter dicta of the neighbour principle
● R v WOODWARD and R v PLEYDELL
○ Former found holding alcohol isn’t evidence of consumption
○ Latter used evidence of cocaine injection prior to driving
○ Meant cases were distinguished because of material facts
● DODDS v WALKER and PACITTI JONES v O’BRIAN
○ Former (tenancy law) defined ‘month’ as a calendar month
○ Latter held employment start and end dates need to be
counted when calculating continuous service
○ Meant cases were distinguished because of reasoning employed
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