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Vol 23 No 5 May/June 2018

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Noted, But Not Invariably Approved

ISBN13: 9781849466714
Published: March 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £16.99

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John Spencer has worked at Cambridge University for over forty years. He has lectured, supervised – and entertained – students in tort, contract, crime, medical law, and criminal procedure and evidence.

This book is a tribute to Professor Spencer, but it is different from the usual tribute in that it contains case notes written and selected by the author himself and all published in the Cambridge Law Journal between 1970 and 2013.

With the exception of one note, which is somewhat longer, the articles are taken from the case note section of the CLJ which, until fairly recently, imposed a strict word limit of 1000 words and no more (the complexity of the cases and the prolixity of the judges led to the CLJ relaxing this rule to 1500 words). The case notes reproduced here provide a master-class in the writing of incisive, engaging notes.

Written with students in mind but also intended for the consumption and edification of a wider audience, these case notes epitomise the way in which Professor Spencer has, for 43 years, cajoled, lambasted and encouraged the judiciary to see things his way.

General Interest, Biography
The Rescuer as Defendant - Reversal of Roles
Rescuer as Defendant - Reversal of Roles Reversed
Widening Scope of Defence of Contributory Negligence
Trespassers will be Prosecuted - Wooden Lie Comes True
Criminal Trespass - Wooden Lies Reach the House of Lords
Belt up! - The Widening Scope of Contributory Negligence
Ask for it, Get it, and Sue for it - Provocation and Contributory Negligence
Kidnapping - The Crime Backs Down on its Demands
Tissue Donors: Are they Rescuers, or Merely Volunteers?
Blasphemous Libel Resurrected - Gay News and Grim Tidings
Lies, Damned Lies, and Corroboration
Dishonesty: What the Jury Thinks the Defendant Thought the Jury Would Have Thought
Retrials, Reason and the House of Lords
Theft - Appropriation and Consent
On Contemplating the Range of Contemplation
Precedent and Criminal Cases in the House of Lords
A Duty of Common Humanity to Bees
Murder in the Dark
Murder in the Dark: A Glimmer of Light?
Flooding, Fault and Private Nuisance
The Evidence of Little Children
Citizens Arrest - At their Peril
Causal Links and Congenital Disabilities
Involuntary Intoxication as a Defence
Freedom to Denounce Your Fellow Citizens to the Police
Involuntary Intoxication as a Defence
Protecting the Mentally Disordered Defendant against Herself
Seances, and the Secrecy of the Jury-Room
Civil Liability for Making False Accusations to the Police
Bugging and Burglary by the Police
Electronic Eavesdropping and Anomalies in the Law of Evidence
Everybody Out
Insanity and Mens Rea
Procedural Anomalies
Protecting the Mentally Disturbed Defendant against Himself
Naming and Shaming Young Offenders
Entrapment and the European Convention on Human Rights
"Rape Shields" and the Right to a Fair Trial
Did the Jury Misbehave? Don't Ask, Because We do not Want to Know
Acquitted: Presumed Innocent, or Deemed Lucky to Have Got Away with it?
Spouses as Witnesses: Back to Brighton Rock?
Civil Liability for Abuse of the Criminal Process: Downstream of Three Rivers
Strict Liability and the European Convention
Juries: The Freedom to Act Irresponsibly
Is that a Gun in Your Pocket? Or Are You Purposively Constructive?
Damages for Lost Chances: Lost for Good?
Child Witnesses and the European Union
Liability for Purely Economic Loss Again: "Small Earthquake in Chile. Not Many Dead"?
Drunken Defence
The Evidential Status of Previous Inconsistent Statements
Acquitting the Innocent and Convicting the Guilty - Whatever Will They Think of Next!
Arrest for Questioning
Three New Cases on Consent
Curbing Speed and Limiting the Right of Silence
Tort Law Bows to the Human Rights Act
Suing the Police for Negligence: Orthodoxy Restored
Criminal Liability for Accidental Death: Back to the Middle Ages?
Assisted Suicide and the Discretion to Prosecute
Legislate in Haste, Repent in Leisure
Fair Trials and the European Arrest Warrant
Policemen Behaving Badly - The Abuse of Misconduct in Office
Strasbourg and Defendants' Rights in Criminal Procedure
Libel Tourist Ordered to Pay 8,000 Euros
Arrest for Questioning
Killa Walks Free
Controlling the Discretion to Prosecute
Police Officers on Juries
Incest and Article 8 of the European Convention on Human Rights
Signature, Consent, and the Rule in L'Estrange v Graucob
Annex: List of Selected Publications