ABSTRACT

The doctrine of stare decisis is widely considered to be 'a cornerstone of the legal system' and 'woven into the essential fabric of the common law'. Judge Albert R Alexander and Sherwin have criticised the 'legal principles' approach of Ronald Dworkin and others as a failed attempt to provide a happy compromise between two alternative models of precedent. The Court of Appeal noted that the couple 'had already committed themselves, mentally, emotionally and financially, to the course of treatment' and 'were both very vulnerable'. The cloning technique used to produce Dolly was referred to as 'cell nuclear replacement' (CNR) in the Quintavalle case and the standard nomenclature is 'somatic cell nuclear transfer' (SCNT). In Yearworth, the Court of Appeal held that men whose sperm had been negligently allowed to thaw had an ownership interest in the damaged sperm sufficient to found an action in negligence. Athena has remained faithful to many features of Dworkin's 'law as integrity'.