TURNING POINTS OF THE COMMON LAW


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Turning Points of the Common Law

The Rt. Hon. Lord Cooke of Thorndon, K.B.E. former President of the New Zealand Court of

Appeal, Lord of Appeal, newly appointed member of the Privy Council.

In this title, based on the 48th series of Hamlyn Lectures, Lord Cooke focuses on four great cases

which were all major turning points in the development of common law, namely:

• Salomon v. Salomon: ” A Real Thing?” (1897) A.C.

• Woolmington v. DPP: “One Golden Thread?” (1935) A.C.

• Hedley Byrne v. Heller: “The Temptation of Elegance Rejected” (1964) A.C.

• Anisminic: “The Liberation of English Public Law” (1969) A.C.

The cases cover the areas of public law, crime, tort and company law, three of which are core

undergraduate subjects and the last a popular option as well as an important practitioner area. The

analysis of each is that of a practising judge rather than an academic, interested primarily in how

“leading judicial craftsmen have solved problems”. In each instance Lord Cooke examines the effect of

the case at the time, subsequent developments in case law and the attitude of the academic world to

each. He introduces a Commonwealth dimension to  each subject area, discussing relevant case law from

jurisdictions such as Canada, Australia, New Zealand and South Africa.

Turning Points in the Common Law is a unique insight into the concerns and thinking of one of the

world’s leading common law practitioners. It willappeal to law students, academics, public lawyers

and the judiciary.

Published under the auspices of ISBN 0-421-59860-3 THE HAMLYN TRUST 1997 Also available in paperback By

Sweet fir Maxwell