“No one can tell what the law is until the courts decide it. The judges do every day make law, though it is almost heresy to say so.”
Lord Justice Denning, ‘Reform of Equity’ in C. Hamson and others (eds), Law Reform and Law Making: A Reprint of a Series of Broadcast Talks (Heffer, 1953), at 31.
“The law is developed by the application of old principles to new circumstances. Therein lies its genius.”
Viscount Simonds in Midland Silicones Ltd v Scruttons Ltd. [1962] AC 446, 467-468
Can both judges be right? Why?
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