LEGAL SYSTEM AND METHOD:-

What is law?

Not only justices some rules and regulation that has been avide by a nation,a
society,operated,regulated,enforced,execize and obligated by a higher authority.

Macro purpose or function ------big things

Micro purpose or function ------- littile things in justice

If micro function not happened than macro function not gonna happened.

State---->1.Excuitive 2. Legislature 3. Judiciary

Excuitive:-- Gov’t,PM,Minister,Civil Servants, Army,Police

Legislature:-- Parliament,Queen,speaker,MPS

Parliament got two parts House of Common, House of lords

Hoc got 63 sites one represent one area

Legislature: can make laws

Excuitive: implement laws

When Excuitive won’t make laws they give their duties to delegated legislature

When Gov’t make any laws we called them secondary legislature laws

Legislature : Parliament/ statute/ Acto Parliament

When Legislature make laws we called them Primary laws.

CHAPTER----8

Critically evaluate the legislature process of making primary legislation.

Critically evaluate the process of making delegated legislation.

Discuss the function and the powers of the HOL and HOC in making primary and delegate legislation

CHAPTER-----1

How to make bill?

The rought proposal is known as a green paper.When green paper amend and take feedbacks from
public it’s turn into white paper.

Before a bill is produced a green paper is written which is basically a draft of the bill but it’s purpose is
purely to put the ideas forward so feedbacks can be reived from other interest partees.

Green paper it contains a rough proposal and it’s a government document the purpose of it is to see
feedbacks and generate discussion.

White paper is revised and improve veersion of green paper and it’s the form the basis of the bill which
propose in the parliament .

Bills type:- Public,private,Hybrid

Definition : public bill which is affect whole public at large

Example : A bill that is propose to rise tax

Definition Private bill which is affecting private group or specific group.

Example : University of London act

Definition:The hybrid bill is a bill that contain the characteristic of both public and private bill.

Example : the canal tunal act 1987 is a example of hybrid bill

The cross rail bill which talks about a construction of railway link that connect the east and west of
London is also hybrid bill.

WE WILL DIVIDE THE SYLEBUS IN 3 PART

RN-PART A:--- STATUTE 25MARKS SEEN QUSTION

PART B:----Q/A GOT 6QUSTION OUT OF 2 HAVE TO BE ANS THERE ARE 5 CHAPTER
1ST CHAPTER DOCTER AMD BINDING PRECEDENT 5ENGLE

2ND STATURY INTEREGRETION 2ENGLE

3RD CIVIL JUSTICE SYSTEM 3 ENGLE

4TH CRIMINAL JUSTICE SYSTEM 2 ENGLE

5TH JUDICIARY 3ENGLE

IA-PART C:-----CASE LAW 25MARKS SEEN QUSTION

TEACHERS: NP, IA,SHANJANA,

LSM AND PUBLIC LAW IS ESSAY BASE SUBJECT!

BASISCALLY SHE WANT TO KNOW ABOUT THE different ENGLE about a case

DOCTOR AND THE BINDING PRECEDENT

1. INTRODUCTION
2. VERTICAL AND HORIZONTAL PRECEDENT 25 MARKS QUSTION CAN BE MADE
3. PRACTICE STATEMENT 25 MARKS CAN BE MADE
4. COURT OF APPEAL
5. ADVANTAGE AND DISADVANTAGE
6. RATIO AND OBITER
7. DO JUDGES MAKE LAW

WE SHOULD MAKE A GOOD HEADING TO MAKE A PROPER START!

1.TEACHER NOTE

2.SUBJECT GUIDE

3.TEXT BOOK ----WILLIAM, HOLAND, ELIGIT QUEEN,MELESAN,INCMAN

4. VLE

5. MASSENGER CONTENT

WHAT IS LAW?

THEY ARE FOUR MAIN SOURCE OF LAW

BUT

LAW MADE BY PARLIAMENT / LEGISLATURE

SUPREME IN NATURE BECZ THEY MADE BY PARLIAMENT

PARLIAMENT CAN DO ANYTHING IN UK BCZ THEY WERE VOTED BY PUBLIC SO THIS WHY THE ARE THE
SUPREME .

ITS CALLED SUPREMISI OF PARLIAMENT ,

ENGLISH LEGAL SYSTEM DEPEND ON COMMON LAW SYSTEM .BUT IT DON’T MEAN THAT WE CANT
CHALLENGE THE LEGAL SYSTEM.

BUT STILL ENGLAND HAE BEEN CALLED COMMON LAW COUNTRY

LAW MAKING:

HOW PARLIAMENT MAKE LAW :

PRE PARLIAMENTARY STAGE

STEPS: ECUITIVE THING ABOUT A IDEA TO MAKE A LAW AFTER THAT THEY TURN THE IDEA INTO A
CONSULTATION PAPER WHICH IS CALLED GREEN PAPER AFTER THAT GRREN PAPER FORM BETTER IS
BEING CALLED WHITE PAPER THAN A PROPOSE BILL HAE BEEN ATTACHED WITH IT AFTER THAT IT
SEND IT TO LEGISLATURES .WHEN LEGISLATURE GIVE THE PERMISSION THAN THE PRE-
PARLIAMENTARY STAGE FINISHED.

THE PERSON WHO IS PRESENTING THE BILL IS CALLED PROMOTER.

WHITE PAPER IS THE CONSULTATION PAPER AND A GRAPH MADE WITH THE BILL.

/ 2.PARLIAMENTARY STAGE:
THEY DECIDE WHICH HOUSE WILL PRESENT IT DOESN’T MATTER WHICJH HOUSE IS PRESENTING.
AFTER THE SPEAKER GIVE FLOOR TO THE PROMOTER

There some steps : 1.ps 2. First reading 3. Second reading 4.commitee stage 5.report stage 6.third
reading 7.next house 8.repeat the stage 9.royal assent

If none oppose about the bill the bill will pass in 2nd reading but if anyone oppose about the bill than
a debate will start then the bill will go to the committee which is made of MPS they will review and
make changes and improve it then they will represent the bill in house . but in the third reading no
one talk about the bill they talk about the correction of the bill that has been made in the bill by the
commity than a vote started there and if the bill pass in majority than it pass down to the next
house and everything will happened there again after that if they passed it than it gone to the crown
but they don’t give it a permission they give a assent to the bill and the bill passed. After that bill
become a law .

Every MPS have power to make law by proposing it to the parliament but if anyone want to propose
a bill with govt its called a private member bill. If no one support the bill than the speaker can
deniad the bill but if some MPS supported it it called private member bill.
Don’t you thing there s a deadlock system in UK parliament ?

There are 3 stage in UK parliament so there easy way to deadlock system.

In 1909 when hoc passed a bill HOUSE OF LORDS always disapprove the bill. Which is why they think
to arrange a emergency vote in 1910 and form a new govt and than in 1911 they passed a bill in
which they increase there member and also make a law that HOUSE OF LORDS will only disapprove
to a bill for 2years and its passed it or it will bypass to the crown . after some years later HOC make
another bill that HOL can disapprove a bill only 1 years or it will bypass to crown and it passed.

This why the parliament never have a convention.

UK don’t have president but they have another chamber. So this why UK parliament is so strong and
its totally depend on laws .

HOC IS SUPPERIOR IN POWER BECAUSE THEY ARE DIRECT ELECTED AND THERE IS A LAW WHICH IS
CONTAIN TO MAKE LAWS WITH HOL AND THIS WHY THERE ARE POWERFULL.

THE 2ND SOURCE OF LAW : JUDGES MADE LAWS/CMMON LAW/ COURT DECIDED LAWS

IS CALLED COMMON LAW BECAUSE WHEN A JUDGE MAKE LAW IT IS EQUALLY APPLICABLE TO ALL
OVER UK OR OTHER LEGAL SYSTEM IN UK.

UK judges always enjoy the law making system .

Which other countries follow the common law system judges in their countries they can also make
laws

Laws can be divided in two parts in the world

1. Civil law [ its come from roman law system]

Civil law is what where the law has been already codified. The judges in civil law system don’t
have power to make laws. Like GERMAN , France
2. Common law [ its commonly applicable in all over the world which countries is under common
laws system]

Its doesn’t mean those countries have codified laws, they have it but still they are under common
law system. Like BANGLADESH, INDIAN

3rd source of law :

European union laws

Definition : European union is political and economical association. 27 countries in under EU

government by EU and also they maintain a councill which directed these countries. UK comes uncer
EU in 1995 with 2 rules that when british laws and EU laws clash EU LAWS WILL WIN.
 But in 2016 uk comes out of EU and arrange a public vote and in 2020 they exist from European
union. But so many years EU laws where maintain by UK civilian and applicable in UK so they didn’t
excile those laws. So they called it retail laws. some specific laws have been exciled but still many
other laws still maintain by UK and its become a source of british laws.

When UK were a part of European union its laws were superior than parliament of UK.

4th source of laws:

European convention humans rights laws : some countries Europe make a charter that they will
follow some laws ,in1952 when European convention present UK become the secretary of this
charter. A ECTHR have been made to protect ECHR which is situated in france. If the humans right
laws breach by anyone they can fill A CASE UNDER ECTHR.

UK become member of ECHR of in 1957.

FAMILY OF LAWS:

DIFFERENCE CATERATION OF LAWS WHICH DEFINE FAMILY OF LAW

US><STATE><US

US><US

STATE><US

WHICH LAWS MY CONNECT MY CONNECTION WITH LAWS WHICH IS CALLED PUBLIC LAW

WHICH LAWS GOVERN THE CONNECTION BETWEEN HUMAN TO HUMAN OR BUSSINESS TO

BUSSINESS IS CALLED PRIVATE LAWS .BUT WHEN PRIVARTE LAWS BREEZ STATE NEV ER TAKE STEP
NBUT REPRESENT A STRUCTURE ON WHICH BAS E THEY FILE CASE.

THERE MANY KIND OF CRIMINAL LAWS IN MANY COUNTIRES . WHEN A LAWS MAKE TO
CONTAINMENT OF CRIMINAL BEHAVIOR IS CALLED CRIMINAL LAWS

THOSE LAWS GOVERN THE RELATION BETWEEN HUMAN TO HUMANS IS CALLED CIVIL LAWS.

CHAPTER –3

WE WILL LEARN ABOUT COMMON LAW

WHICH IS JUDGE MADE LAW BECAUSE WHEN A JUDGE MAKE A LAW IT IS APPLICABLE IN EVERY
OTHER REGION IN THE COUNTRY OR STATE.
UK NEVER STRUGGLE ABOUT ITS EXISTENCE BUT THEY ALAWAYS RULE OTHER COUNTRY,

WHEN START LERNING ABOUT UK COMMON LAW WE ARE LERNING LAWS THAT HAVE BEEN MADE IN
FROM 1066TH CENTURY.IN BACK OF TIME KING HIRE A JUDGE WHO ALWAYS TRAVEL AND MAINTAIN
THE DECISION SYSTEM BUT WHEN A JUDGE TRAVEL FROM HERE AND THEERE THEY COULDN’T
DISCUSS ABOUT THE DECISION MAKING ARRAGMENT ALTYM THIS WHY KING GAVE THESE JUDGES
SOME POWER WHICH FREEDOM OF MAKING JUDGEMENT .

Beside it when a judge made a law about anything they noted it and other judge could follow them .
this how the common law work . because when king gave him the power of making judgement freely
the common law system reate itself. After that not any other king changes this system evr this why
this legal system is still running and started.

In 1400th century the monarch of uk create a legal study system for judges

1. Middle temple.ink
2. Linkon.ink
3. Inner temple.ink
4. Gresing.ink
The student who learn and complete their study from those ink they were given a degree and
they are called as barrister.thats how barrister degree comes out.
In 1900th century 4 school made a institution called ICSL which gives train students about bar
but 2008 this monopoly break out .the city university run this program and other institution
are subsection. THE CITY COLLEGE IS THE MOTHER OF BAR.

EQUITY MEANs fairness or to be judges .equity is a legal concept. there was time when law only runs
without emoition but now equity is comes under law.

Equity is what when we don’t follow the legal principle or legal discipline and we follow the which is
morally correct and that’s comes under the branch of equity .

He who seek equity comes in without any financial

Court Of Equity can do anything to do fairness.

In 16-17th century there was 2 court which are court of common law and court of chencery where
chenchellor sit ,but sometimes king comes there and make judgement and in chencery court there
make judgement in fair of equity .but there was crisis in 18 th century for this two court system, so king
marge these two court in one and they create a infinite court.

EQUTYABLE REMEDIES:

1.INJUSTION IS A TYPE OF EQUITABLE REMEDY: WHEN COURT ABSTRACT YOU FROM DOING
SOMETHING OR STOPPED YOU FROM DOING SOMETHING. IT IS ONE OF THE BEST EQUITY

THEERE ARE TWO TYPE OF INJUSTION 1. POSITIVE 2. NEGATIVE

2. SPECIFIC PERFOMANCE: COURT ASK SOMEONE TO PERFORM SPECIFIC SOMETHING.

GOAL FOR FUTURE: WE HAVE TO GET 2.1 IN OUR IN CITY LAW SCHOOL

LSM
United kingdom supreme court :--- established in 2009 it has replace the house of lords as the
highest court of the land: justice > EWCA/ England and wales court of appeal: judges were called
lords>England and wales high court >it got 3 division 1. Qbd, 2. Cbd 3. Fbd> after high court the lower
court divided in 2 division 1st one for civil 2nd is for criminal > for civil they use county court and high
court / for criminal they used crown court and megistrate court

Crown court have jury system in their court !THEY JUDGE A CRIMINAL AND IF THEY FOUND THE
CRIMINAL IS NOT GUILTY THAN THE WHOLE JUDGEMENT TOWARDS THE DEFENDANT WILL CHANGE.

Megistrate court: there is two kind of megistrate in uk megistrate court 1 st one is Ley
megistrate : it generally a public or civilian to increase a public influcement in citizen 2 nd one
is the qualify magistrate .

Tribunal: there are also a court but they deal with some specific subject which is depend on
the subject of the case which tribunal will deal with it.

Appeal: there is a concept which is called leap of appeal. Sometime some specific claimant
can appeal to bypass high court because there is lots of civil case is on going in high court so if
they need their decision soon as possible they can appeal to bypass the high court .

Privy council : UK is one of the biggest colonize country .even they are colonize in 14 sub
countries in the world and in those countries the highest court called privy court but in UK
they are lower than all other country. Supreme court judges also seat there.

ECtHR: its is another court that had been build to protect the ECHR but they play a role in the
jurisdiction system of UK.UKs court have to also consider the decision of ECtHR.

CHAPTER 4
CONSTITION:ITS CAN BE DESCRIDE AS FUNDEMENTAL METHOD WHICH IS ESSENTIAL FOR OR
TO CREATE A NATION.EVERY CONSTITION IS STAND ON 4 ESSENTIAL KEYS .

THE CORE OF CONSTITION:

1. THE IDEA OF PARLIAMENTRY SUPREMACY:PARLIAMENT CAN MAKE ANY LAWS THEY

WISH TOO .IF THEY SAY SOMETHING FOR A NATION THAT WILL BE THE PARLIAMENTRY
SUPREMACY THAT HAVE TO MAINTAIN.BUT THEY CANT MAKE ANY LAWS WHICH IS
NOT ALLOWED IN THE CONSTITION MARGIN OF APPRICIATION,
PROPOSONALITY ,LEGISTEMED AIM THESE 3 RULES HAVE TO MAINTAIN OR OBEY BY
PARLIAMENT TO MAKE A LAW
MARGIN OF APPRICIATION:ITS IS THE RESPONSIBILITY OF PARLIAMENT.
PROPOSONALITY: THEY HAVE TO MAKE LAWS FOR SOME CAUSE.
LEGISTAMED AIM: IF THEY CREATE ANY LEGISTAMED LAW IT NOT GONNA WORK SO
THEY HAVE TO MAKE LAWS UNDER LEGISTAMED AIM.
2. THE MOST IMPORTANT ELEMENT OF CONSTITION IS RULES OF LAW: EQUALITY !
EVERYONE IS EQUAL IN THE EYES OF LAW ,NO-ONE IS ABOVE THE LAW.
3. SEPARATION of power : the power of states three organ should be not involve in each
other works beside it they should be work in their department with out any
involvement in each other department.
4. Judicial independent : they should be independent from the corruption,byars and
other thing.its really a crucial thing.

Start reading YOU FUCKING BASTARD 1WEEK POR EXAM.

LSM:
LSM PB=essay based there is a huge difference between essay and legal essay

Essay summery

1. Introduction: it is mandatory legal essay

2. Body in paragraph : it should be in paragraph but number it
3. Linking words: we should start the paragraph with linking words
4. I cant not give my opinion in the essay
5. Latest and relevant cases,
6. References: the more relevant reference the more marks will you get articles, journals, books,
authors, judges, juries, newspaper all references
7. Conclusion : it can never included new information
 8. Piggy back: explain the doctorine binding precedent and advantage and disadvantage
9. No spelling or grammer mistake
10. Quality not quantity: explain it very standardly not gonna make it look like ugly long essay

HEADING
1.introduction: OPEN BOOKS MAKE INTRODUCTION YOUR OWN BY READING AT LEAST TWO BOOKS

2. vertical horizontal precedent

3. practice statement

4.court of appeal

5.advantage and disadvantage

6.ratio and obliter

7. do judges make law

DOCTRINE OF BINDING PRECEDENT: it’s a theory not a law or act

INTRODUCTION: the law of England and wales primary comes from two sources --- parliament and
the courts is a very broad term describing all the law Made by or under powers granted By the you
of parliament. Legislation made by parliament its self in the form of act of parliament its describe
primary legislation which is the highest form of the UK Law as long as a bill is passed by house of
common and house of lords and received royal assent, the resulting act of parliament recognize as
law.

LAW :
1.parliamentary law: > statutory law>act of parliament

2. Common law

Parliament is divided in two part house of lords and house of commons a bill passed this houses
after that a bill went up to royal assent after getting a royal assent the bill got a new name act of
parliament.

COMMON LAW: one the other hand common law is in effect by way of the legal precedents that is
made by judges seating in court. Unlike statutory provision which are laws that are codified as act of
parliament , the common law is constenly changing. The decision of judges in cases brought before
the courts are major source of law. such decision are recorded in law reports and are used by
lawyers in determining what the law is.

If we need to understand the concept we have learn separation of power

Separation of power
 legislature --------------judiciary -------------- excuitive

legislature was parliament and give him the power to make the law

judiciary are judges and they seat in courts to give the judgement on law made in statutory laws

excuitive are those who are civil servant who excuite the laws

12/9/22 np maam

Lsm
Np maam 19/9/22

On the requirement of the judge just legal system is that decisions of court are consistence in that like
cases are treated alike so that litigants can to some extent predict the likely outcome of the cases .it is
normal for the judges in all legal system to seek to reach decision which conform earlier cases .in the
common law however this principle is elevated to a formal system of binding precedent, which require
judges to follow the decision of earlier courts for certain circumstance ---

Doctrine of binding precedent is a theory which states that previous decision and past examples are
mandatory to follow .in english legal system the doctrine of binding precedent has been an outcome of
the historic development of the common law. The lawyers needs to search for a principal of law on
which a previous case was decided and consider whether application of the principle to the instant
topees of the cases are sufficiently similar.

The english legal system of precedent is based on the latin maxin stare decisis et non quite movere
usually shortened to stare decisis which loosely translated means stand by what has been decided and
do not unsettled the established or rather to stand by previously decided cases. The requirement of
creating likes cases a like is to ensure consistency ,predictability and uniformity .this suppose the idea of
fairness and provides certainty in the law .

Supreme-court

Court of appeal ----------------------ˆ----------------------- court of appeal

Criminal division civil division

Crown court high court

Magistrate court county court

When lower court follow the higher court decision its called the horizontal principle.

Later court of must follow the earlier court in the same level it also called horizontal.it forced us to
follow the rule. the English court follow orderly behavior while making decisions one of the requirement
of a fair legal system is the consistency of court decision. that is, handling similar cases in the same way
to ensure preictibilities. Courts tend to follow the decision of higher court or the earlier courts of the
same level to properly enforced justices referring to the dog mark of the doctrine of binding precedent ,
it is obligetry for the judiciary to follow the past decision vertically or horizontally maintaining the
higherty of the courts. this principle has to aspets lower courts must follow the decision given by higher
courts (vertical president) number 2 later courts must follow the decision given by earlier courts of the
same level,(horizontal president).

If the justice is delayed the justice would be denied.

Legal studies method

24/099/22 by rafiqul nabi

Two font size name arian and norman

a- 25% arnod sir

b- 50% np mam question 2/6 essay
c- 25% rafi sir

The four main chapter :

1.doctrine of binding precedent

2.STATUTORY INTERPRETATION

3. jury (criminal justice system)

4. you will chose which will be fourth

You have to choose between civil justice system, ADR , judiciary,

RAFI SIR WILL TEACH US CHAPTER 18 19 CRIMINAL JUSTICE SYSTEM WHICH USED TO BE ONE CHAPTER

VERTICAL AND HORIZONTAL PRECEDENT

In English law, courts follow orderly behaviour when making decisions. One of the requirements
of a fair legal system is the consistency of court decisions, that is, handling similar cases in the
same way to ensure 'predictability'. Courts tend to follow the decisions of higher courts to
properly enforce justice. Referring to the "Dogma" of the doctrine of binding precedent "DOBP"
it is obligatory for the judiciary to follow the past decisions vertically or horizontally maintaining
the hierarchy of the courts. The traditional attitude of the judiciary is based on the principle of
"stare decisis", that is, the court upholds its previous decision. This principle has two aspects -
1. Lower courts must follow the decisions given by higher courts (vertical precedent).
2. Later courts must follow the decisions given by earlier courts (horizontal precedent).

The most important advantage of "DOBP" is that it provides greater legal certainty by insisting
on a long-term ideology that adheres to the ratios and judicial courts hierarchy. It increases the
confidence of the litigants because they know the decision made by the judge in the same
previous case, and the case will be handled in the same legal way. Moreover, in case of
ideology and predictability in safeguarded, is betterment of stability and conclusive resolution of
disputes.

Vertical precedent refers to the extent to which the lower courts must follow the judgments of
the higher courts (including the Court of Appeal) unless there are reasonable grounds for
distinguishing the case based on its facts.

The reinforcement of the need for vertical precedent to be strictly followed was seen in the case
of Davis v Johnson 1978. Here, a debate over horizontal precedent in the Court of Appeal was
finally settled. The case concerned the interpretation of s.1 of the then-recently passed
Domestic Violence and Matrimonial Proceedings Act 1976. In this case, the Court of Appeal had
considered the same question on two occasions only a few months earlier in B v B 1978 and
Cantliff v Jenkins 1978. (Those cases held that the 1976 Act did not protect a female cohabitee where the
parties were not a tenant at all or even where parties are only joint tenants or joint owners, only where she was the
Lord Denning said that “it seems to me that, while this court
sole tenant or sole owner of the property.)
should regard itself as normally bound by a previous decision of the court, nevertheless it
should be at liberty to depart from it if it is convinced that the previous decision was wrong”. It is
said that if an error has been made, this court has no option but to continue the error and leave
it to be corrected by the House of Lords.

The House of Lords made it clear in Miliangos v George Frank (Textiles) Ltd 1976 that the
Court of Appeal is not entitled to ignore a precedent of the House of Lords simply because
social conditions may have moved on. Lewis LJ said, obviously, the fact that the world has
developed is not in itself a reason for juvenile courts to refuse to follow the rulings of higher
courts. (B2)

In Young v Bristol Aeroplane 1944, it was held that the Court would be bound to continue to
apply a bad precedent unless and until an opportunity arose for the precedent to be overruled in
the HL/UKSC.

Horizontal precedent refers to the extent to which a court at the same level is bound to follow its
own earlier decisions. Some courts are not only bound by the decisions of superior courts but
also by their own previous decisions.

At present, the Supreme Court of the United Kingdom has replaced HL as the country's highest
court following CRA 2005 (Constitutional Reform Act of 2005). Obviously, the Supreme Court
will follow the same precedent practices as the House of Lords and will show the same degree
of flexibility. The existence of the Court of Appeal seems to be stricter than that of HL and the
Supreme Court. The Court of Appeal is bound by its prior decision, except the Young v Bristol
case scenario.
The issue of horizontal precedent below the level of the House of Lords (HL), now Supreme
Court (SC), is very important. There will be many courts sitting in the Court of Appeal at the
same time. Lord Denning argued in the case of Gallie v Lee 1969, that the Court of Appeal
need not be absolutely bound by its own prior decisions. A large number of reported judgments,
and if the Court of Appeal (CA) was not to follow its own earlier decisions this would inevitably
lead to confusion and a degree of uncertainty in the law. The basic principle of precedent in the
Civil Division of the Court of Appeal is that it is bound by its own previous decisions. If the lower
courts deviate too easily from the reasoning of the higher courts, it will reduce the certainty of
the outcomes and the consistency of the treatment, which will not favour the rule of law.
However, if the court believes that the law has been misused in precedent, as Lord Goddard
CJ stated in R v Taylor 1950 that the principles of Young v Bristol Aeroplane generally apply,
but the court also has a broader power of departure.

The discussion implies that courts tend to refer to previous examples to maintain the
consistency and certainty of the law. Litigants in the judicial limbs expect the court to ensure that
justice is properly served to maintain a hierarchy and judicial order within the legal system.
However, it may not always be desirable to follow the principles of continuity and certainty to
ensure justice, because too strict adherence to precedents can lead to absurdity and
impediment to the proper development of common law.

It means that courts tend to go for previous examples so that law is consistent and certain.

The expectation of litigants from the judiciary is that courts will ensure that justice is done
properly while maintaining hierarchy and judicial order within the legal system.

However, following the consistency and certainty principle to ensure justice may not always be
desirable because too rigid adherence to precedent may lead to absurdity and create
impediment to proper development of common law.

26/09/22 class by NUSRAT PARVEEN MAM

 CRIMINAL SECTION SUPREME COURT CIVIL SECTION

Court of appeal ----------------------ˆ----------------------- court of appeal

Crown court high court

Magistrate court county court

We need reference when write anything about every information in the exam

Reference : quotes, article, novels, journals, judges, cases, book, authors, lords, newspaper, code
SHOULD BE ADDED IN OUR ANSWER.

LONDON TRAMWAYS 1898:

1ST PRACTICE STATEMENT

2ND DISTINGUITING

7TH JUDGES MAKING LAW

DOCTRINE OF
BINDING
PRECEDENT
6TH COMMON LAW DEVELOPMENT

3RD OVER RULING

4TH REVERSEING

5TH COURT OF APPEAL YOUNG V BRISTOL

THE LEAKING BUCKET

WHERE THERE IS A LAW THERE IS A LOOP HOLE.

SUPREME COURT CAN MAKE NEW LAW FOR THE SAKE OF COMMON LAW DEVELOPMENT AND FRESH
INTEREST OF JUSTICE.

Government announced  office of lord chancellor abolished judicial role of appellate committee of
HOUSE OF LORD transferred to supreme court --- VIA CRA 2005 activated from October 2009
After 2009 when anyone filled a case in highest court its name as supreme court case!they don’t have
to follow the presidential rule they can make new refresh case or law rule if they want they are not
bound to president. But the law rules ,binding and method are still the same as house of lords had.

PRACTICE STATEMENT 1966:

The doctrine of binding precedent represent a constraing on judicial decision making and there is
distinction between that a judges choose to followed. persuasive precedent and those which a judges
bound to followed (binding precedent ) . in the english legal system all courts adaher to the principle of
stare decics because they always recognize that its important to do so in order to maintain consistency
and certainty of the law.( London street trumways ltd vs London county council 1898) the house of
lords considered that as the highest court of UK , should it also be bound by its previouse ruling to give
certainty to the law. Although it doctrine seem resist in nature, the judges sub-conquencesively
deviated from the exercised seems the house of lords felt that it should be re-considered its own past
method of the precedent.

Statutory interpretation chapter –8

01/10/22 class by arnob sir

Law generally made legislation in parliament but its apply by judiciary.

It very difficult for judiciary for apply any laws but parliament is superior and judiciary is inferior so it
become added pain for them to apply law because practically laws were make by parliament.

Statutory interpretation is a crucial function of law but its also a important FUNCTION OF LAW.

a.v. dicey page 27 of subject guide

it’s not easy for a judges to make judgement with statutory interpretation. Plus it’s become difficult for
them. It is a art by which judges explain the law made by parliament . jduges for interpretate the
statutes they used many technic or rules by which they can interpretate these laws. Higher court never
interfere with lower court and don’t interpret with lower court literal rules.

The literal rule / the literal approach /the literal method

There are some principle to expain the interpretation of statutes which called by literal
rules/method/approach. Literal rules is the most traditional and the most problematic.
What is literal method or rules?

Ans : when there is any confusion of any particular word than follow the simple, dictionary meaning of
that word is called the literal rule or method. R vs

CUTER VS EAGLE STAR INSORENCE LIMITED is a example of literal rule

Fact: JUDGMENT
LORD JUSTICE BELDAM: The question for the court in this appeal is whether an injury sustained by
the passenger in a car in a multi-storey public car park was caused by or arose out of the use of the
vehicle on a road .
On the 21st July 1991 the appellant was injured whilst sitting in the front passenger seat of a Volvo motor
car parked in a car parking space in the Great Hall multi-storey car park, Mount Pleasant Road, Tunbridge
Wells. The car was owned by the plaintiff’s friend Mr Pennial who had left an aerosol can of lighter fuel
in the rear of the car behind the front seats. The can had leaked creating an inflammable gas in the car.
After returning to the car and before driving off, Mr Pennial lit a cigarette and as he did so he ignited the
gas causing a fire. The plaintiff was burnt and claimed damages from Mr Pennial who was entitled to the
benefit of a motor insurance policy issued by the respondent, Eagle Star Insurance Co. Ltd. If Mr Pennial
had reported the accident and complied with the terms of the policy, the respondent would have
indemnified him and would no doubt have taken over conduct of the plaintiff’s claim. But Mr Pennial did
not do so and on 28th April 1992 the appellant’s solicitor gave the respondent notice under sec. 149 of
the Road Traffic Act 1988 that he was about to issue proceedings against their insured, Mr Pennial.
On 5th May 1992 the appellant issued proceedings claiming damages for the injuries he had received
alleging they were due to the negligence of Mr Pennial in leaving the lighter fuel container in the motor
car in circumstances in which it could be caused to give off inflammable gas. Judgment in default was
obtained by the appellant on 10th December 1992 and on 29th October His Hon. Judge Hargrove QC
assessed the appellant’s damages at £8,547.33, including interest. He gave judgment for that sum and for
costs which were subsequently taxed in the sum of £4,105.86. The appellant took proceedings to make Mr
Pennial bankrupt at an additional cost of £1,139.05. He claimed a total of £15,575.54 from the respondent
insurers.
The respondent conceded that the accident and the appellant’s consequent injury arose out of the use of
Mr Pennial’s car but contended that the car was not at the time of the accident being used on a road as
defined in sec. 192 of the Road

R VS HARRIS

Fact: The defendant bit off his victim's nose. The statute made it an offence 'to stab cut or wound' the
court held that under the literal rule the act of biting did not come within the meaning of stab cut or
wound as these words implied an instrument had to be used. Therefore the defendant's conviction was
quashed.

R VS MAGINNIS

FACT: The defendant was charged with possession of a controlled drug with intent to supply it to
another under s.5(3) of the Misuse of Drugs Act 1971. A package containing £500 worth of cannabis was
found in his car. The defendant stated the cannabis belonged to a friend and that the friend was picking
it up later. The trial judge ruled that his action in handing the drugs back to the friend was an action of
supply. The defendant then pleaded guilty and appealed. The Court of Appeal quashed the conviction.
R VS BROWN

FACT: The five appellants engaged in sadomasochistic sexual acts, consenting to the harm which they
received; whilst their conviction also covered alike harm against others, they sought as a minimum to
have their mutually consented acts to be viewed as lawful. None of the five men complained of any of
the acts in which they were involved, which were uncovered by an unrelated police investigation. [2] The
physical severity was not disputed. Each appellant (having had legal advice) pleaded guilty to the offence
when the trial judge ruled that consent of the victim was no defence.
The question approved and certified as in the public interest on appeal was whether the prosecution
had to prove (in all similar cases) a lack of consent on the recipient's part. The appellants argued against
conviction under the Offences against the Person Act 1861 as they had in all instances consented to
the acts they engaged in (volenti non fit injuria), that as with tattooing and customary-site body
piercings their consent would be directly analogous to the lawful exceptions laid out by three
cornerstone (and other) widely-spaced precedent cases.

ADVANTAGES OF LITERAL RULE

1. AVOID CONFLICT TO THE PARLIAMENT

2. FOLLOW THE PARLIAMENT INSTRUCTION LITERALLY
3. UPHOLD THE PARLIAMENTARY SUPREMACY

DISADVANTAGE

1. ABSURB OUTCOME
2. INJUSTICE RESULT

END……

Class by np maam

10/10/22

In the case of London street trunways the House confirmed that it would infuture be bound by its
own previous decision to bring finality to the cases and legal issues so that they would not be
continuly re-argued . however it was felt that the effect of the decision was too constrain the
development of the common law and so the famous practice statement was declared by LORD
GARDENER LC in the year of 1966. They state that they will followed their previous decision but may
deviated from them for the greater interest of justice and the development of law.

IN PRACTICE STATEMENT 1966 it was confirmed that the then HOUSE OF LORDS will depart from
previous decision when it is right to do so. In 1968 the first use of practice statement took place in
the case of CONWAY VS RIMMER and it only involve technical law on discovery of document. In
1972 the first major use of practice statement took place in the case of HERRINGTON VS BRITISH
RAILWAY BOARD on the duty of care owed to child trespassers. Between 1980s and 1990s HOUSE
 OF LORDS showed and increased willingness to use practices statement to overrule
decisions .Example: R VS SHIVPURI, PEPPER VS HART . in 2003 practice statement was use to over
rule the decision in CALDWELL on recklessness in the criminal law. In 2010 the supreme court in the
case of AUSTIN VS LONDON BOROGH OF SOUTHWARK confirmed that practice statement apply to
the supreme court the same way it did to HOUSE OF LORDS .

From 1966 this practice statement allowed the HOUSE OF LORDS to change the law when it believe
that an earlier case was wrongly decided. It had the flexibility refuse to allowed an earlier case when
it appeared right to do so.

The key points that emerge from practice statement were that –

1. The court would only rarely depart from a earlier decision

2. The court would be most likely to use the new freedom in situation were had been a
significant social change which leads a precedent as a outdated and inappropriate and needed
to be change to modern social conditions values and practices.
3. The court would be likely to depart from an earlier decision if there was a need to keep
english common law in step with the law of other jurisdiction
4. The court would be likely to depart from a earlier decision for the development of common
law and for interest of justice

Between 1966 and the replacement of HOUSE OF LORDS by the supreme court, the practice
statement was explicitly invoked in multiple cases including –

CONWAY V RIMMER OVERRULLING DUNCAN V CAMMELL LAIRD CO, BRITISH RAILWAY BOARD V
HERRINGTON OVERRRULING ROBERT ADDIE & SONS (COLLIERS) LTD VS DUMBRECK , R V
SHIVPURI OVERRULLING ANDERTON VS RYAN, R V G OVERRULLING RV CALDWELL AND MURPHY
V BRENTWOOD DC OVERRULLING ANNS V MERTON LBC.

LOUIS BLOM –COOPER describe - “the change brought about by the practices statement as being as
if the lords dropped a pebble into the judicial pool that produced not merely a few ripples but also a
seismic wave in ENGLISH juridicial thinking .”

The supreme court has not thought it necessary to re-issue the practice statement as a fresh
statement of practice in the courts own name. Following the passage to the constitutional reform
act 2005 the supreme court of united kingdom was established in 2009.

23/10/2022

TELEOLOGICAL APPROACH/CONTINENTAL APPROACH:

It was used by lord denning. He first approach this method in UK. In 1977 UK understand their
problem and they appreciate him for his work. In 1950 lord denning told everyone that it was a
exception for the common law system but still it will do some great impact on our common law
system. But he was criticize for it , in 1973 when UK trying to become EU MEMBER lord
denning understand it was the chance to change the system and he introduce everyone the
purpose approach so start advocacy for it and after some years when UK become member of
EU they had to accepted it and they make it part of common law means british law.

leading cases: H P BULMER VS BOLLINGER, PICKSTON VS FREEMANS PLC , LITSTER

CASE ,NEWPORT CASE 1950,VESMIC CASE,