As an instrument, common law has been in use in England since the Norman conquest in 1066. The Irish legal system is based on the English common law tradition. Its dominance was consolidated after Oliver Cromwells military campaign in Ireland between 1649 and 1652. Society has changed immeasurably since 1066. It is also vastly different in 2019 to how it was in 1652. It is vital that the law adapts to reflect these changes. This is possible with a common law system, as amendments to legislation are not required in order for judges to react to societal changes. The area of tort law is one in particular which has seen huge changes. As per McMahon and Binchy, human beings, as social creatures, come into contact and conflict with other human beings. With changes to society, these conflicts have increased in both number and complexity. Lord Radcliffe stated the common law is a body of law wh
ich develops in process of time in response to the development of the society in which it rules. That is not to say that some of the developments are not controversial. Therefore, Lady Hales statement in the Woodland v Essex County Council regarding the dynamic nature of common law while warning of the dangers it can face is extremely important. This paper argues that it is societal changes that drive common law amendments as, due to its dynamic nature, it can react to social transformation before the legislature can. However, as some shifts in society are occurring so rapidly, there is the danger that new precedents are set as a reaction, without considering the underlying principles sufficiently. It appears that the Irish judiciary system is more cautious to societal change than the UK system and, in fact, often adopts their new precedents once they have been established for some time.