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Week 3 Practice Statement

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Lord Gardiner
The Lord Chancellor that issued the Practice Statement
First criminal case to use the Practice Statement; if he intended to sell drugs he could still be guilty
London Street Tramways
The case where the HL decided they should be bound by their own previous precedents
Right to do so
When the HL/SC will use the Practice Statement; usually if the precedent is outdated
The year the Practice Statement was introduced
Certainty in the law
The judges usually think this is more important than justice for individuals
Addie v Dumbreck
Outdated case that gave no protection to trespassers
BRB v Herrington
First major civil case to use Practice Statement; we now owe a duty of care to trespassers
Anderton v Ryan
Woman not guilty even thought she originally intended to handle stolen goods; thought to be a poor decision
The Practice Statement can only be used by the HL/SC and no other court
Separation of powers
Judges are seen to be overstepping their role if they use the Practice Statement to change the law
Slow to use
Judges were unwilling to use the Practice Statement power, it took them 20 years to use it in criminal law!