Comment on What’s driving Cycling Mikey, Britain’s most hated cyclist?
Blake@feddit.uk 1 year agoUnlikely doesn’t mean it can’t happen. It also says “exceptional circumstances”. That’s two caveats that explicitly confirm that they can do EXACTLY what I wrote, if it suits them.
Arrakis@feddit.uk 1 year ago
Perhaps you should read the case law you’re quoting, because the exceptional circumstances are quite well laid out.
Blake@feddit.uk 1 year ago
Very clearly I have read it more carefully than you have, considering you’re continuing to misunderstand it.
Are you deflecting to arguing minutiae because you’re unable to refute my actual argument?
Arrakis@feddit.uk 1 year ago
If you had actually read it, you’d understand that the extenuating circumstances (aka suspicion of drink driving) are what makes those decisions exceptional.
If you had actually any understanding of case law, you’d know to read the full decisions.
But since you’re clearly just perpetuating nonsense, I myself will discontinue arguing with it.
Blake@feddit.uk 1 year ago
I have read it. I have also read several cases which cite it. Citations of legal precedent aren’t specific, they don’t have to have the original circumstances in common with the original case to use it as a precedent. Any ruling made in such a case can be used as precedent, for example, in British Pregnancy Advocacy Service v Secretary of State for Health and Social Care 2019, Pinner v Everett was cited in reference to how the phrase “first day of the pregnancy” should be interpreted, because Pinner v Everett contains precedent about how natural language should be interpreted.
It is completely understandable that you don’t know how legal precedent works, but I’d politely suggest that you should avoid getting into arguments about it on the internet, at least not without properly learning more about it first.