David Lock QC gives an interesting insight into a number of conflicting cases and how recent case law has been shaped.
The conflict is between Laws/Evans on one hand and Doubtfire/Boskovic on the other. Hopefully we will have a defining correction at some stage in the future.
You may read his article here,
https://www.linkedin.com/pulse/confusing-cases-bad-law-meaning-effect-decisions-made-david-lock-qc/
Alternately, you may read a copy here.
David Lock QC – Confusing Cases And Bad Law
I think it quite ridiculous that judges can make such blatant errors and no mechanism is in place to correct them.
It shouldn’t be for a further court address.
It makes a mockery of our legal system that such errors must stand when they are of such an obvious nature and basically a fault of the court.
You cant make caselaw if the judgement makes no sense.