Cases That Changed Our Lives
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All lawyers have an in-built need to revisit the great cases of the past. After all, that is the basis upon which common law is founded. A retrospective look at the people and circumstances behind the results of these great cases gives tremendous insight and understanding, as well as revealing a human side to the events which is not always apparent from the law reports. This collection of essays examines key cases (both UK and international) that have changed or created the rules and procedures which govern our lives and which we abide by - cases which have changed our lives. The book sets out the facts of each case and examines its impact, with emphasis on the human angle of the story, including:
* Who were the people involved?
* What was actually decided in the case?
* What happened later and how what was decided on the facts changed our lives? What were the later implications for that area of law and/or other areas of law?
* What legacy has the case left?
The themes addressed by the book support the rule of law, demonstrating that using something as abstract as judicial reasoning, we create a set of rules and procedures which govern our lives. The rule of law involves the acceptance of this intellectual and abstract concept.
With contributions from leading practitioners in their fields, this book gives an insight into the importance of case law and the impact it has on our lives.
Foreword by Lord Neuberger of Abbotsbury, Master of the Rolls
Preface by Ian McDougall, VP & Legal Director, LexisNexis International
List of Contributors
Table of Cases
I. Public law
1. Dr Bonham's Case - Andrew Goddard QC and Marie-Thérèse Groarke
2. What breathes life into the US Constitution? Marbury v Madison - Kenneth Thompson II
3. Associated Provincial Picture Houses Ltd v Wednesbury Corpn - Jennifer James
4. The Factortame Litigation - Dr Jo Hunt
5. An implied constitutional freedom of speech in Australia: Theophanous v The Herald and Weekly Times Limited - The Hon Dr Kevin Lindgren QC
6. A right to resist? The Trial of Dr Sacheverell - Dr Craig Rose
7. "The evil that men do lives after them": Plessy v Ferguson - Henry Horbaczewski
8. Native title in Australia: Mabo and Another v The State of Queensland and Another - The Hon Dr Kevin Lindgren QC
II. Land law
9. Tulk v Moxhay - Richard de Lacy QC
10. A promise is a promise: Central London Property Trust Ltd v High Trees House Ltd - Robert Pearce QC
III. Criminal law
11. Legal insanity: the enduring legacy of Daniel M'Naghten's Case - Jeremy Dein QC and Jo Sidhu
12. R v Dudley and Stephens - David Perry QC
13. Red light spells danger: R v Morgan - Gerard Forlin QC
IV. Civil law
14. The Snail in the bottle: Donoghue (or McAlister) v Stevenson - Paul Reed QC and Philippa Harris
15. Legal celebrity or jurisprudential substance? Caparo Industries plc v Dickman and other - John Randall QC
16. As if by a side-wind ... The Mareva/Freezing Order Jurisdiction in England: Mareva Compania Naviera SA v International Bulkcarriers SA; The Mareva - Paul Lowenstein QC
17. From catwalk to courtroom: public figure, private life: Naomi Campbell v MGN Limited - Heather Rogers QC
V. The right to life
18. "How ... the deceased came by his death ... ": R (on the application of Middleton) v West Somerset Coroner - Dr Karen Widdicombe
19. R (on the application of Purdy) v Director of Public Prosecutions How the Law Lords Made Way for a Compassionate Clarification of the Law on Assisting Suicide - Lynne Townley
VI. The state and terrorism in the twenty-first century
20. A and others v Secretary of State for the Home Department: The Courts and counter-terrorism - asserting the rule of law? - Alexander Horne
21. The day we sold the rule of law: R (on the application of Corner House Research and another) v Director of Serious Fraud Office (BAE Systems plc, interested party) - John Cooper QC
VII. Family law
22. Is it that simple? Stack v Dowden and buying a house together - His Honour Judge Stephen Wildblood QC
23. An ordinary tale of farming folk? White v White and its legacy - Janet Bazley QC and Stephen Jarmain
24. Gillick and the dwindling right of parental authority - Janet Bazley QC and Stephen Jarmain