Notable Cases in UK Law

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Questions and Answers

What was the outcome of the case R v Dunlop (2006)?

D was sentenced to a minimum of 10 years in prison

D's case was dismissed due to lack of evidence

D was acquitted of murder for the second time

D was convicted of murder and received a life sentence (correct)

What was the main concern of the court in Halsey v Milton Keynes NHS Trust (2004)?

ADR was not effective in resolving disputes

Courts were forcing parties into using ADR (correct)

ADR was too expensive for the parties involved

Parties were not using ADR voluntarily

What was the criticism of the trial in T v UK (2000) and V v UK (2000)?

The trial was unfair due to the prosecution's evidence

The trial was too lengthy and expensive

The trial was intimidating for the 11-year-old defendants (correct)

The trial was not held in a appropriate venue

What was the outcome of the case Boddington v British Transport Police (1998)?

Boddington was fined for breaching the bylaw Signup and view all the answers

What was the significance of the case R v R (1991)?

It resulted in the creation of a new offence of marital rape Signup and view all the answers

What is the meaning of the phrase 'the law, like the tavern, is open to all'?

The law is available to everyone, but not everyone can afford it Signup and view all the answers

In R v McKenna (1960), what was the reason for the conviction being quashed on appeal?

The judge's interference with the jury Signup and view all the answers

What was the holding in R v Wang (2005)?

No one, including the judge, can tell a jury to find a guilty verdict Signup and view all the answers

In R v Abdroikov, Green, Williamson (2007), what was the concern with the jury?

There was a police officer or solicitor employed by the CPS on the jury Signup and view all the answers

What was the holding in Hanif v UK (2012)?

The presence of a police officer on a jury could possibly breach Art.6 ECHR Signup and view all the answers

What was the holding in Donoghue v Stevens (1932)?

Manufacturers owe a duty of care to consumers Signup and view all the answers

What was the holding in Agricultural, Horticultural & Forestry Training Board v Aylesbury Mushrooms Ltd (1972)?

An Order can be declared invalid if the relevant Government Minister did not consult with an interested party Signup and view all the answers

Study Notes

Landmark Cases in English Law

R v Dunlop (2006)

First case where S.75 CJA 2003 was used
D was acquitted for murder in 1989, but upon discovery of new evidence, was retried in 2006
D pleaded guilty to murder and received a life sentence

Halsey v Milton Keynes NHS Trust (2004)

CA held that courts cannot force parties into using Alternative Dispute Resolution (ADR)
This may result in a breach of Article 6 of the European Convention on Human Rights (ECHR)

T v UK (2000) & V v UK (2000)

Thompson and Venables, convicted of murdering toddler James Bulger in 1993, did not have a fair trial
Court criticized the intimidating procedure for 11-year-old children in Preston Crown Court

Boddington v British Transport Police (1998)

Boddington was convicted of breaching the British Railway Board Bylaws 1965
The bylaws prohibited smoking in railway carriages, under the authority of the Transport Act 1962

R v R (1991)

HL stated that a husband who has non-consensual intercourse with his wife can be guilty of rape
The Sexual Offences Act 2003 included the offence of marital rape

Burmah Oil v Lord Advocate (1964)

Justice Darling quoted: "the law, like the tavern, is open to all", highlighting the accessibility of the law

R v McKenna (1960)

The trial judge threatened the jury, resulting in a guilty verdict
D's conviction was quashed on appeal due to the judge's interference

R v Wang (2005)

The House of Lords held that no one, including the judge, can direct a jury to find a guilty or not guilty verdict

R v Abdroikov, Green, Williamson (2007)

The House of Lords considered appeals in three separate cases involving a jury with a serving police officer or a solicitor employed by the CPS
Defendants argued that their right to a fair trial under common law and Article 6 ECHR was breached

Hanif v UK (2012)

ECtHR stated that the presence of a police officer on a jury could possibly breach Article 6 ECHR

R v Howe (1987)

HL held that the defence of duress is not available to murder, and obiter, not available for attempted murder

R v Brown (1993)

HL held that the defence of consent is not available to S&M activities, but stated obiter that it is a defence in other circumstances

R v Gotts (1992)

CA followed the obiter in R v Howe, holding that the defence of duress is not available to attempted murder

R v Wilson (1996)

CA followed the obiter in R v Brown, holding that the defence of consent can be used in circumstances such as branding

Donoghue v Stevens (1932)

Mrs. Donoghue drank ginger beer with a decomposed snail inside, leading to illness
Established the principle of duty of care owed by manufacturers to consumers, summarised by Lord Atkin's "neighbour principle"

Gillick v West Norfolk and Wisbech Area Health Authority (1985)

Competent children under 16 can give consent to certain healthcare issues

Agricultural, Horticultural & Forestry Training Board v Aylesbury Mushrooms Ltd (1972)

An Order was declared invalid due to the Government Minister failing to consult with the Mushroom Growers' Association, an interested party

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Test your knowledge of significant UK law cases, including R v Dunlop, Halsey v Milton Keynes NHS Trust, and T v UK. Learn about the implications of new evidence, ADR, and fair trials in these landmark cases.