Cases on ExcellentWiki - Legal Encyclopedia

Donoghue v Stevenson [1932]: The Neighbour Principle

Sun, 05 Jul 2026 00:00:00 +0000

Donoghue v Stevenson [1932] AC 562 is the most famous case in English tort law. It established the modern law of negligence and introduced the neighbour principle as the foundation of a general duty of care. The case arose from a seemingly mundane incident—a snail in a ginger beer bottle—but its implications transformed English private law and created a unified framework for determining when one person owes another a duty to take care. The decision is routinely cited as one of the most important in the common law world and continues to be studied by law students and practitioners in every common law jurisdiction.

Entick v Carrington [1765]: Landmark on Government Power

Sun, 05 Jul 2026 00:00:00 +0000

Entick v Carrington (1765) 19 St Tr 1029 is a foundational case on the limits of executive power. It established the principle that state officials must point to positive legal authority for their actions and cannot rely on claims of necessity or state interest. The case remains a cornerstone of the rule of law and continues to be cited in modern constitutional litigation, most notably in cases concerning surveillance, search powers, and executive discretion. Lord Camden’s powerful judgment affirming the primacy of law over executive discretion has echoed through the centuries.

Factortame (No 2): EU Law Supremacy and Parliamentary Sovereignty

Sun, 05 Jul 2026 00:00:00 +0000

Factortame Ltd v Secretary of State for Transport (No 2) [1991] 1 AC 603 is a landmark constitutional case in which the House of Lords held that UK courts had the power to disapply an Act of Parliament that conflicted with European Union law. The decision represented a profound shift in the UK’s constitutional architecture, challenging the orthodox Diceyan conception of parliamentary sovereignty by establishing that EU law, as a higher legal order, could override inconsistent domestic legislation. Though the UK has since left the European Union, Factortame remains a seminal case on the relationship between domestic courts, international legal obligations, and the limits of legislative power.

Pepper v Hart [1993]: Parliamentary Materials in Statutory Interpretation

Sun, 05 Jul 2026 00:00:00 +0000

Pepper v Hart [1993] AC 593 is a landmark case on statutory interpretation in which the House of Lords relaxed the prohibition on referring to parliamentary materials as an aid to construction. The decision substantially altered the approach of English courts to the interpretation of legislation and generated extensive debate about the separation of powers and the nature of legislative intent. It opened the door to using Hansard reports of parliamentary debates to resolve ambiguities in statutes, transforming the practice of statutory interpretation.

Salomon v Salomon [1897]: Separate Legal Personality

Sun, 05 Jul 2026 00:00:00 +0000

Salomon v A Salomon & Co Ltd [1897] AC 22 is the foundational case of English company law. It established the principle of separate legal personality: a company is a legal entity distinct from its shareholders. The House of Lords decision confirmed that once a company is properly incorporated, it exists independently of those who own and control it. This principle underpins modern corporate law and enables limited liability, facilitating investment and commercial enterprise.