Famous Cases Nine Trials That Changed the Law 1st Edition by Brian Block, John Hostettler ISBN 1906534152 9781906534158

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ISBN 10: 1906534152

ISBN 13: 9781906534158 

Author: Brian Block, John Hostettler 

Every lawyer knows of Woolmington v. Director of Public Prosecutions, the ruling which established the ‘Golden thread of English law’ whereby the burden of proof lies with the prosecutor in a criminal trial. But who was Woolmington and how many people know that he escaped the death penalty at the eleventh hour, or that he was in fact twice tried for murder? ‘Lords give man back his life’ as the Western Gazette put it. In the civil law, how and why did a Mrs. Donoghue come to be drinking a bottle of ginger beer containing the remnants of a snail, an event which would determine that ‘the categories of negligence are never closed’? And how did the tranquil market town of Wednesbury become shorthand for ‘unreasonableness’?

In Famous Cases: Nine Trials that Changed the Law the authors have painstakingly assembled the less well-known background to a selection of leading cases. From Mareva (synonymous with a type of injunction) to Lord Denning’s classic ruling in the High Trees House case (the turning point for equitable estoppel) to that of the former Chilean head of state General Pinochet (in which the House of Lords heard the facts a second time) the authors offer a refreshing perspective to whet the appetite of newcomers, students and seasoned practitioners alike.

The book has an authoritative introduction describing ‘The Origins of the Common Law’ and is enhanced by key extracts from the law reports reproduced courtesy of the Incorporated Council of Law Reporting for England and Wales and the Butterworths Division of Reed Elsevier (UK) Ltd — making it not just an absorbing read but an important work of reference for every legal library and collection.

Table of contents:

Introduction

PART I

• The lawyer king

• Rise of the legal profession

• Precedent

• Court of Chancery

• Discord

• The Star Chamber

• The High Commission

• Judgments

• The neighbour rule

• Explosive effects

• Lord Denning’s High Trees Case

• Legal argument

• The judgment

• Rookes v Barnard

• The case

• Trial by jury

PART II Criminal Trials

• The Privy Council hearing

• SMITH’S CASE

• The appeal

• Aftermath

• Pragmatic approach

• A new precedent

• Woolmington’s Case

• The first trial

• The second trial

• Woolmington v DPP

• No presumption of murder

• The beyond reasonable doubt principle

• Gypsy Jim Smith

• Malice aforethought

• DPP v Smith

• Aftermath

PART III Civil Cases

• The first appeal

• The House of Lords

• The Mareva Injunction

• Mareva Compania Naviera SA v International Bulkcarriers SA

• Law reform

• Wednesbury Unreasonableness

• The appeal

• What the case settled

PART IV International Law

• Background to the Pinochet case

• The arrests

• First House of Lords appeal

• The problem

• The petition

• Second House of Lords appeal

• Historic decision

Index
Back cover

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