Young v Bristol Airplane (1944) - set out 3 expectations

·  The claimant, employed at the defendants' workshops, was injured in an accident at work and received compensation under the Workmen's Compensation Acts.

·  He then sought to obtain damages in respect of the same accident, alleging that it was the defendant’s duty to protect employees. They failed to fence one of their machines which he was using.

·  The plaintiff is thereby barred from recovering damages in respect of the said accident." This plea was based on s. 29, sub-s. 1, of the Workmen's Compensation Act, 1925. On the authority of a decision of the Court of Appeal in Perkins v. Hugh Stevenson & Sons, Ld. the commissioner gave effect to the plea in favor of the defendants.

·  The claimant appealed.

Re S (1992) - decision made outside English hierarchy

·  Adult refused medical treatment.

·  Health authority caring for a seriously ill 30yr old woman who refused a Caesarean section on religious grounds. Caesarean section which was the only means of saving the patient's life and ensuring the live birth of the baby.

·  Sir Stephen Brown relied upon Lord Donaldson's decision in

Re T (Adult: Refusal of Treatment) [1992]

- ‘the only possible qualification is the case in which the choice may lead to the death of a viable foetus', and the American case of Re AC [1990] and granted a declaration that a caesarean section could be lawfully performed on a competent woman without her consent.

R v Howe (1987) - Example of Obita Dicta + overruled

·  Duress not held acceptable dismissal of murder.

·  Acting under duress, took part with others in two separate murders, and on a third occasion the intended victim escaped.

·  Guilty – using practice statement to overrule Lynch.

·  Defendant claimed to have fallen under influence of man called Murray.

·  Case followed in R v Gotts (1992)

R v Gotts (1992) - followed obiter dicta

·  The D, aged 16, seriously injured his mother with a knife.

·  He tried to argue in his defence that he was acting under duress because his father had threatened to shoot him unless he killed his mother.

·  Defence was rejected by the Court of Appeal, who followed the obiter statement made by the Lords in R v Howe (1987) as persuasive precedent.