Landmark UK Cases and The Fields They Shaped

Landmark cases set precedents and clarify tradition and practice, often solidifying or resulting in an entire redress of modern law. These cases have been argued and debated extensively for their influence, impact, and underlying rationale. Nevertheless, every prospective lawyer needs to be aware of the cases that have, for many years and decades, shaped our practice and understanding of the legal sphere. Here are 4 of these cases:

1. Salomon v Salomon (1987) – Company Law

Mr. Salomon was a shareholder and creditor of his boot-making company. When the company went through liquidation, creditors attempted to hold Salomon personally liable for the debts the company had accrued.

The resulting legal precedent established what is known as the separate legal person doctrine. As the foundation of modern company law, this case explained the existence of the corporate veil, wherein the shareholders of a company are legally regarded as a separate person from the company itself, separated by a ‘corporate veil’. Therefore, the shareholders of a company cannot be liable for the company's debts.

2. Owens v Owens (2018) – Family Law

In Owens v Owens, a woman was unable to obtain a divorce from her husband when he challenged her petition for divorce on grounds of ‘unreasonable behavior’ per the Matrimonial Causes Act 1973. The Supreme Court had ruled that Mrs. Owens did not prove that Mr. Owens’ conduct was unreasonable enough to meet the legal threshold for divorce. The ruling left the couple married.

This case sparked public outrage and served as a critical catalyst for the Divorce, Dissolution, and Separation Act of 2020, which welcomed ‘no-fault divorce’ in England and Wales.

3. Carlill v Carbolic Smoke Ball Co (1893) – Contract Law

Carbolic Smoke Ball Co. had placed an advertisement in the papers, claiming that any individual who used the product, as instructed, and nevertheless contracted influenza was entitled to a £100 reward.

Upon contracting influenza, despite using the product, Carlill sued Carbolic Smoke Ball for the reward money. The Court of Appeal held that the advertisement amounted to a unilateral contract and a valid offer to the public that went beyond what was argued to be a  ‘mere puff’; as evidenced by the company’s good faith deposit of £1000 into a bank.

4. Donoghue v Stevenson (1932) – Tort Law

Mrs. Donoghue drank ginger beer containing a decomposed snail and fell ill. She sued the manufacturer, despite having no direct contract with the retailer, as her friend was the one who had purchased the beer.

The resulting doctrine is known as the ‘neighbor principle’, which establishes that manufacturers owe a duty of care to consumers. This case founded the modern law of negligence, shaping responsibility and consumer protection, ensuring the requirement of reasonable care to avoid harming one’s ‘neighbors’.

These cases reinforce the idea that law isn’t static; it is ever-changing, often inspired by modernity, academic debate, and policy considerations.