The Essential Cases Every Law Student Should Know: Care For Thy Neighbour

The essential cases every law
student should know

From the longest case in English legal history to Lord
Denning's rulings, judicial decisions are a law student's
bread and butter
Cases capture
Supported by human stories, shape public debate and establish new expectations of the
state. Their wider effect can reflect society's consciousness but often lead to new laws.
Cases and judges' decisions are a law student's bread and butter. Here are a few you will
come across:
Care for thy neighbour:

About this
In 1932 Mrs Donoghue launched the modern law of negligence, after finding her ginger
content
beer
Birjuless than appealing. Known to generations of law students as the "snail in the
Kotecha
bottle" case, it is best known for Lord Atkin's famous neighbour principle. In declaring
Wed 4 Dec 2013 09.00 GMT
we should take reasonable care to avoid harm to those we foresee can be affected, he
established when we owe duties to each other. Accidents and injuries were forever to be
reshaped into claims and compensation.
Foreign detainees
Known as the Belmarsh decision, there is no modern case that better sets the boundary
between national security and civil liberties. Decided by a panel of nine law lords, the
2004 decision became an important milestone in judges protecting both the rule of law
and human rights. In a challenge to the Labour policy of indefinitely detaining foreign
terrorist suspects without charge, the majority declared the British state acted illegally
and in a discriminatory way. In his powerful rejection, Lord Hoffman stated "The real
threat to the life of the nation… comes not from terrorism but from laws such as these."
Spanish fisherman
Providing the legal backdrop to a decade of EU-scepticism is the 1991 case of
Factortame, this case on the rights of Spanish fisherman to fish in British waters is a
mainstay on any public law course. It confirmed the priority of European laws over UK
acts of parliament and thus struck a blow against parliament's legal supremacy. In so
doing it provoked much constitutional debate about the extent of EU legal powers - and
Britain's relationship with Europe as a whole.
McLibel
Officially the longest case in English legal history, this ten year David v Goliath libel
battle exposed the price of justice when corporations take on individuals. The fast food
giant sued green campaigners David Morris and Helen Steel for libel over a stinging
pamphlet criticising the their ethical credentials. McDonalds walked away with both a
win and a PR disaster. The European court of human rights later declared in 2005 that
the pair, who were unfunded and were representing themselves, had been denied their
right to a fair trial.
Jodie and Mary

In the year 2000 the plight of conjoined twins made front page news. The question was
whether it was justified to separate and knowingly "kill" the weaker Mary in order to
save her stronger sister Jodie, given both were destined for a premature death. In spite of
parents favouring non-separation, doctors wanted a declaration that such an operation
would be lawful. In a maze of ethical and legal conflicts, Lord Justice Ward rather
hollowly declared that "this is a court of law, not a court of morals."
After admitting to sleepless nights, the judges allowed the doctors to separate. Lord
Justice Brooke declared the situation as one of necessity, allowing the option of a lesser
evil. The stronger twin survived and made a full recovery. The thankfully rare case,
otherwise found in philosophy debates, demonstrates the relationship between law and
morality, perhaps one of the first questions on a legal theory course.
Domestic abuse
A year after marital rape was declared rape in 1991, came the case of Kiranjit Ahluwalia,
who had been abused for over a decade by a violent husband. She was convicted of
murder after setting her husband alight as he slept. In recognising long-term domestic
abuse and the possibility of a slow-burn anger that led to her snapping, the case was a
cause célèbre for feminist and domestic abuse groups. Though finally the decision in the
end was based on diminished responsibility, it was seen as a benchmark for tackling the
gender bias in the criminal law and raising public awareness of domestic abuse.
Ahluwalia's conviction was reduced to manslaughter, and she was freed.
Pinochet
International human rights law received a global TV audience in 1998 after former
Chilean dictator General Pinochet was arrested in London. Under the rules of universal
jurisdiction, he was detained following a Spanish extradition request facing charges of
crimes against humanity. The law lords declared that there could be a limit to the
immunity enjoyed by heads of states. Though Pinochet was never extradited, the case
sent out a strong message about accountability for leaders who commit human rights
abuses,before the international criminal court was established.
The case is also well known among lawyers when after the first hearing it was disclosed
that that one of the ruling law lords, Lord Hoffmann, was a director of Amnesty
International, a party to the cases. The entire hearing had to be repeated to show that
"justice must not only be done but be seen to be done."
The internet age

Injunctions, twitter, privacy and the extra marital activities of footballers were all the
rage in early 2011. Nothing struck up more attention than the application for an
injunction by Ryan Giggs against the Sun. His name was widely tweeted and the
situation became more farcical when MP John Hemming revealed his name in the House
of Commons. The debate forced the law to react to an age of the internet and social
media. The case followed a long line of celebrity court battles in the 2000's, and became
another marker in the debate between balancing freedom of expression and the right to
a private life.
Roe v Wade
From across the Atlantic arguably no case better demonstrates the political and social
impact of judicial decisions. The landmark decision in 1973 upheld a woman's right to
an abortion. Synonymous with abortion in the USA. Hundreds of thousands march on
the US supreme court on the anniversary of the decision each year.
Any of Denning's cases

In our common law system, many judges leave their mark on a particular area of law.
However clichéd, no judge will live longer in the memory of law students than the
controversial Lord Denning. He demonstrates the power of personality in a subject that
is often seen technical, dry and rule-based. In the words of Lord Irvine, "the word
Denning became a byword for the law itself." Denning reminds us that all cases are
eventually decided by individuals who are made up of values and personal perspectives
that make them who they are. Students, you are encouraged to think, debate and learn
the law in the same spirit. Good luck.
Are there any need-to-know cases missing from this list? Add them in the comments
below.
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The essential cases every law

student should know

Care for thy neighbour:

Jodie and Mary

The internet age

Any of Denning's cases

Since you’re here …

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