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11. Eastham V Newcastle United Football Club Ltd June 12, July 5, 1963

A court blew the whistle on Newcastle FC and declared a foul. This case affected the way football contracts worked across the land. The claimant, George Eastham, became a professional football player in 1956 when he was 19. He then transferred to Newcastle United, entering into an annual contract. A while later, he asked for a transfer but the club notified him that his services would be retained for the next season at his current wage. The club cited regulation 26 of the Football Association rules. This blocked him from getting a transfer and meant he could not play for another club in the UK or Ireland provided Newcastle offered him a “reasonable wage”. But the court decided that this was an “unlawful restraint of trade”.

12. D & c Builders Ltd V Rees November 13, 1965

This decision was influential in clarifying the law whereby traders are bullied by customers into accepting a smaller payment. The claimant company consisted of two jobbing tradesmen, one a decorator and the other a plumber. They carried out work for Rees, the defendant, worth £482 13s 1d. For months, the builders pressed for payment. Finally, the defendant’s wife, who knew that the company was in financial difficulties, offered £300 to settle the debt, saying that if that offer wasn’t accepted nothing more would be paid. They accepted the £300 but later sued for the balance of £182 13s 1d. The court held that the company was not barred from recovering the balance by the agreement to accept a smaller sum because there was “no true accord”. The defendant’s wife had put pressure on the company to accept the £300 in settlement by threatening that if they did not accept nothing would be paid.

13. R V Jordan May 13, 1967

Under the British constitution there is nothing more sacred or potent than a properly passed Act of Parliament. It is the most powerful legal instrument and can’t be declared invalid by reference to any political principle. This case is a classic example of what that means in practice. Colin Jordan was sentenced to 18 months imprisonment for offences under the Race Relations Act 1965. He asked for legal aid to apply for a writ of habeas corpus (a process by which the authorities have to justify an imprisonment) on the grounds that the Act was invalid as it was a curtailment of free speech. It was held, dismissing his application, that Parliament was supreme and there was no power in the courts to question the validity of an Act passed by it.

14. R V Lamb June 24, 1967

A dreadful human drama. In this case, the appeal court formulated an important rule about what does and doesn’t amount to an unlawful assault. The appropriate state of mental blameworthiness must exist at the time of the defendant’s conduct. Terence Lamb pointed a revolver in fun at a friend. He knew that there were two bullets in the revolver and also that neither of them was in the chamber opposite the barrel. But he didn’t realise that when the gun was fired the cylinder would automatically rotate. He shot his friend dead. The judge directed the jury that they could convict of manslaughter if the accused had been grossly negligent or if the killing had occurred in the course of an unlawful act. He told them that the pointing and firing of the revolver amounted to an unlawful act even if the accused had not intended to alarm or injure. On appeal, it was held that the pointing and firing was only the actus reus (the physical conduct) of assault but there was no criminal assault without the mens rea (a blameworthy mind). Although the accused might have been criminally negligent, the trial judge hadn’t properly explained to the jury what was required for there to be a criminal assault. His direction to them on an unlawful act had been wrong and so the conviction was quashed.

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