Dissenting Judgments in the Law
- Publisher:
- Wildy Simmonds & Hill
- Publication date:
- 2018-08-28
- Authors:
-
Neal Geach
Christopher Monaghan - ISBN:
- 9780854902545
Description:
In Dissenting Judgments in the Law a team of expert contributors reassess nineteen landmark cases from different areas of the law, each of which had the potential for the law to have developed in a markedly different direction. The cases have been selected on account of their continued relevance to the law today or the controversial nature of the majority's decision. A key feature of each case was a dissenting opinion from a judge who thought that the law should develop in a different direction. The aim of the contributors is to re-evaluate important cases, such as:- YL v Birmingham City Council [2007] UKHL 27, Scruttons Ltd v Midland Silicones Ltd [1962] AC 446 and R v Hinks [2000] UKHL 53 by assessing the merits of the judgements given, before deciding whether the law would, in fact, have been better served by following the dissenting opinion rather than that of the majority of judges in the case. The judicial reasoning in each case is explored in depth and is contrasted with differing approaches in other jurisdictions. Where relevant, a comparative analysis is employed in order to show how the law, by not following the dissenting opinion, has developed out of step with other common law jurisdictions. Each contributor then sets out what impact the dissenting judgment might have had on the law if it had decided the case and assess where the law in that particular field would be today. "A highly stimulating book" from the Foreword by Lord Nicholls of Birkenhead "A highly thought-provoking book which will reach out to the law student, the practitioner and the jurisprudent for the excellence of the controversies set out" Phillip Taylor, Richmond Green Chambers.
Part I - Tort Law
- The Nuisance of the Proprietary Interest Lord Cooke's Dissent in Hunter v Canary Wharf Ltd [1997] AC 655
- Re-establishing the Search for Principle Lord Goff's Dissent in White v Chief Constable of South Yorkshire Police [1999] 2 AC 455
- Loss of Chance Lord Hope's Dissent in Gregg v Scott [2005] UKHL 2
- Do Corporations Have an Immortal Part? - The Need to Prove Damage in Corporate Libel Baroness Hale's Dissent in Jameel v Wall Street Journal Europe SPRL [2006] UKHL 44
Part II - Company and Commercial Law
- Upholding Contractual Intentions Lord Denning's Dissent in Scruttons Ltd v Midland Silicones Ltd [1962] AC 446
- A Defence of Commercial Certainty in the Wake of Judicial Pragmatism Lord Bingham's Dissent in Golden Strait Corpn v Nippon Yusen Kubishika Kaisha (The Golden Victory) [2007] UKHL 12
- Through the Looking-Glass and What Alice Found There Lord Morton's Dissent in Scottish Insurance Corporation v Wilsons & Clyde Coal Company Limited [1949] AC 462
- Removal of Directors Lord Morris' Dissent in Bushell v Faith [1970] AC 1099
Part III - Equity and Property Law
- Fiduciary Conduct - A Tailored Application Lord Upjohn's Dissent in Boardman v Phipps [1967] 2 AC 46
- The Banker's Perspective Lord Millett's Dissent in Twinsectra Ltd v Yardley [2002] UKHL 12, [2002] 2 AC 164
- Discounting Fiscal Privilege - A More Charitable Solution to the Public Benefit Question Lord MacDermott's Dissent in Oppenheim v Tobacco Securities Trust Co Ltd [1951] AC 297
- Taking a Witch's Brew and Making a Consommé Lord Neuberger's Dissent in Stack v Dowden [2007] UKHL 17, [2007] 2 AC 432
Part IV - Public Law
- Show me the Precedent! - Prerogative Powers and the Protection of the Fundamental Right not to be Exiled Lord Mance's Dissent in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61
- Contracting out of the Human Rights Act 1998 Lord Bingham's and Baroness Hale's Dissents in YL v Birmingham City Council and Others (Secretary of State for Constitutional Affairs Intervening) [2007] UKHL 27
Part V - Crime and Criminal Procedure
- Restricting the Meaning of 'Appropriation' under the Theft Act 1968 - A Cool, Calm and Rational Approach to the Issue of 'Stealing' A Perfectly Valid Gift Lord Hobhouse's Dissent in R v Hinks [2000] UKHL 53, [2001] 2 AC 241
- How Far is too Far? - The Extent to which Consent is a Defence to Non-fatal Offences Against the Person Lord Mustill's Dissent in R v Brown [1994] 1 AC 212
- Protecting the Secret Deliberations of the Jury in the Interests of Efficiency - Has the Law 'Lost its Moral Underpinning'? Lord Steyn's Dissent in R v Mirza; R v Connor and Rollock [2004] UKHL 2, [2004] 1 AC 1118
- Restricting Compensation for Miscarriages of Justice to the Truly Innocent Lord Judge's and Lord Brown's Dissents in R (on the application of Adams) v Secretary of State for Justice; Re MacDermott; Re McCartney [2011] UKSC 18
Part VI - American Perspectives on Dissent