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Part one: 1785-1869 | Part two: 1870-1916 | Part three: 1917-1954 | Part Four: 1955-1971 | Part five: 1972-2006
Bowman
and others v Secular Society Ltd
May 15, 1917
This case was of considerable historic significance in supporting the freedom of a citizen to leave his wealth to whom he wanted. It is also solidified a great principle of British freedom of expression by ensuring that no legal disadvantage fell on those with dissentient ideas. The House of Lords upheld the lawfulness of a bequest to a company whose aim was opposing Christian dogma. In making this decision the Lords overruled precedents going back over 50 years. The next-of-kin of a testator challenged the bequest to the society on the grounds that its objects were unlawful. The House of Lords decided that there is nothing contrary to the policy of the law in an attack on or a denial of the truth of Christianity or any of its fundamental doctrines, provided that such an attack or denial is couched in temperate language and did not constitute blasphemy as defined by the common law.
Phillips
v Brooks Ltd
April 12, 1919
This is a classic case in the field of contract law. It was an alarm bell for any star-struck retailers prone to be a bit too impressed by any display self-importance. A man bought pearls and rings worth £3,000 from a jeweller’s shop in Wardour Street, London after passing himself off as a wealthy gentleman from St James’s Square. The cheque was dishonoured — the man was in fact an imposter named North, who pawned one of the rings for £350. After the jeweller sued, the court held that as the jeweller intended to make a contract with the man in the shop, even though he was not who he said he was, the property had legally passed to him. North was legally entitled to sell it to a pawnbroker. The jeweller’s attempt to get the ring back failed.
R
v Hurst and other Justices of Sussex, ex party McCarthy
November 10, 1923
This is, indirectly, one of the most often quoted cases in English law. It was famous for the Lord Chief Justice, Lord Hewart's comment: “There is no doubt that it is not merely of some importance, but of fundamental importance, that justice must be done, and be manifestly and undoubtedly seen to be done”. A driving conviction was quashed because one of the magistrates’ clerks had an apparent conflict of interest: he worked for a law firm that acted for someone who was suing the driver in another case. No-one suggested the clerk behaved improperly, but it looked bad to have someone involved who was potentially partisan. The case cements a principle of fundamental significance to a civilised legal system: namely that all judicial processes must not just be fair but must never even be seen to raise a suspicion of unfairness. Public confidence in the law demands nothing less.
Parkinson
v College of Ambulance Ltd and Harrison
August 1, 1924
In the realms of the oxymoronic, "buying honour" must sit alongside "open secret" and "larger half". But the attempt to purchase honours is not a recent development in British public life. In this case, the law set a clear precedent in how it should be treated. The secretary of a charity fraudulently promised Colonel Parkinson a knighthood if he made a large donation. Parkinson, accordingly, gave £3,000. But after he didn't receive a knighthood, he sued the charity and its secretary for breach of contract. It was held that a contract for the purchase of an honourable title is an improper and illegal contract since it is against public policy. As Parkinson knew he was entering into an improper and illegal contract he could not recover the money. A year later, such activity was also criminalised by statute law.
R
v Betts and Ridley
December 20, 1930
Victor Betts and Herbert Ridley agreed to rob a man. The plan was simple: Betts would push him to the ground and seize his bag while Ridley waited in an escape car round the corner. But Betts struck the man with such force that the man died. They were both convicted of murder and sentenced to death. Ridley’s appeal failed. It was held that to be convicted it was not necessary that an accessory should be actually present when the offence was carried out. If the main criminal actor departed wholly from the scope of the agreement then he alone would be liable. But where the principal substantially complied with the plan and there was a departure only in the time, place or manner of execution of it, then the person soliciting the offence would be guilty of that offence, either as an “accessory before the fact” if he were absent and as a principal if he were present or nearby.
Tolley
v J S Fry &
Sons Ltd
March 24, 1931
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