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Question: SOAS Public Law Coursework II 2010-11

You are required to give an opinion as to whether both the situations set out below would be amenable for a judicial review but you are not required to discuss the grounds of review.

(i) Val was a single mother with two children who was granted a tenancy in a two bed roomed maisonette owned by Singleton Council pursuant to the council’s duty to rehouse under the Homeless and Housing Act (fictional). After eighteen months the property was transferred to Hometrust, an independent housing association, set up by the council. Shortly afterwards, Val had a dispute with one of her neighbours which resulted in a heated exchange of words and a slamming of doors. This was reported and she was subject to a disciplinary procedure organised by Hometrust. Without being given the benefit of legal representation or a hearing she was found guilty and informed by Hometrust that her tenancy agreement would be terminated in six months time. This would mean that Val would be made homeless.

Advise Val whether she would be able use the judicial review procedure to argue that her rights under Article 6 and Article 8 of the ECHR have been breached.

(ii) Under the Ancient Monuments Act (fictitious) the Secretary of State has the power to list for preservation purposes important remains of archaeological or of historical interest. While digging the foundations of a new building for Globe Developments in the centre of Barchester, Ron discovers several well preserved pieces of Roman glass. The find is reported in the local and national TV, radio and press. Despite the growing interest in the find the Secretary of State has decided without giving any reasons not to list the site and Globe Developments will soon lay concrete foundations which would mean that the site would not be further excavated by archaeologists and preserved. Bill and Sachin are keen amateur archaeologists who live two hundred miles away in London. To further the wider preservation of antiquity they have set up the Roman Antiquities Foundation as a charity to promote the excavation and study of Roman remains.

Advise both the Roman Antiquities Foundation and Bill and Sachin as individuals whether they would be in a position to challenge the decision of the Secretary of State
under the judicial review procedure.

Note that this is not a question on the substantive grounds of review.

Both parts of the answer should not exceed 1200 words. Relevant case law must be referred to. The work should be referenced with footnotes and word processed in font size 12. The hand in deadline is Wednesday 2 March 2011.

Answer: JR is not available to private bodies as their rights and duties only arise from contract. Assuming that Val has exhausted all other remedies the issue that she faces is whether Hometrust...

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Details: - Mark: 78% | Course: Public Law | Year: 2nd/3rd | Words: 1493 | References: Yes | Date written: February, 2011 | Date submitted: April 30, 2011 | Coursework ID: 682

You are employed as a trainee solicitor with Singh & Co who specialise in criminal
work and also civil work.
Scenario 1
David has been arrested by two police officers, Smith and Jones, as he was running
out of a house belonging to Mrs Kitchener, a rich old lady. He had just burgled the
house. (The crime of burglary is an arrestable offence.) When they arrested him,
the officers told him that he had no right to remain silent.
Referring to the Police and Criminal Evidence Act 1984 in your answer, prepare a
report advising David on all the points below:
a. were the officers right to arrest him without a warrant ?
b. does David have a right to remain silent ?
c. what might happen in his trial if he did remain silent ?
d. was the custody officer right not to allow David to make a phone call ?
e. was the custody officer right to refuse to allow David to see a
solicitor ?
f. was Sergeant Bruce right not to tape record the interview with David ?
g. were the officers right to search Mrs Kitchener's house without a
warrant ?
h. in which court might David's trial be held ? Describe the appeal route open
to David if he is unhappy with the outcome of the trial.

Answer: TASK 1 Introduction: Below I have compiled a report outlining my findings that will assist David on his current circumstance referring to the Police and Criminal Evidence Act 1984. Findings: Police and...

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Details: - Mark: 78% | Course: English Legal System | Year: 1st | Words: 1983 | References: Yes | Date written: February, 2008 | Date submitted: April 18, 2009 | Coursework ID: 479

Question: Critically examine the way the courts have interpreted Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989

Answer: There has been legislation in relation to the contract for sales and dispositions of interests in land since 1677 and it is important to note that much of the legislation was simply...

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Details: - Mark: 77% | Course: Land law | Year: 2nd/3rd | Words: 2299 | References: No | Date written: January, 2004 | Date submitted: March 29, 2011 | Coursework ID: 655

Question: A critical oversight into the development of unfair dismissal.

Answer: Before the departure from the common law, the actions in relation to unfair dismissal were mainly in favour of the employer, as they didn’t have to justify their reasons. In 1964, government...

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Details: - Mark: 76% | Course: Employment Law | Year: 2nd/3rd | Words: 2468 | References: Yes | Date written: November, 2012 | Date submitted: January 05, 2014 | Coursework ID: 826

Question: Case Study

Goofey, Massive, Badboy and Spiv are members of a famous four-piece rap music act called “Parental Advisory Crew”. To celebrate the release of their latest CD, they hold a concert in a London park. The concert is being shown live on television, and is supposed to begin with a fireworks display, organised by Rocket Ltd. Owing to Rocket Ltd’s negligence, there is a huge explosion which demolishes the stage and injures the four band members.

Advise all of the following claimants as to their claims in negligence against Rocket Ltd:

· Alice is Goofey’s fiancée. She has been engaged to Goofey for two years, but does not live with him, because she and Goofey are morally opposed to cohabitation before marriage. She is standing in the audience, at a safe distance from the explosion, when she sees Goofey get all his teeth knocked out by a microphone stand that has been thrown into the air by the blast. She thinks Goofey has been killed. In fact, however, Goofey has only sustained injury to his teeth, and is subsequently fitted with an attractive set of dentures. For months after the event, Alice cannot lead a normal life. She cries every day, and frequently has nightmares in which she dreams that Goofey has died.

· Belinda is Massive’s personal trainer. She is standing backstage when the explosion occurs. She rushes onto the burning stage to try to save her client from being burned alive. Unfortunately, she is too late, and Massive dies in her arms. Belinda, suffers post-traumatic stress disorder as a result of this experience.

· Celine is Badboy’s step-sister. She is not present at the concert, but she sees live television pictures of the explosion. She suffers immediate shock when she sees flames engulf the turntables behind which Badboy is standing. She subsequently becomes an alcoholic and has to give up work.

· Daisy met Spiv two weeks ago in a bar in New York. Acting on impulse, they got married. Daisy is not present at the concert, as she is having dinner with her new lover. She learns about the disaster when a friend sends her a text. She immediately drives to the scene, where she is told by a policeman that Spiv has been taken to hospital. Daisy drives to the hospital, but by the time she gets there Spiv has died. She identifies his body in the hospital mortuary. Daisy has now developed a drug problem which has resulted in a change in her personality. She blames this on the shock of her husband’s death.

Answer: This question is concerned with psychiatric illness. This area of law is not coherent and answers are to be found in “not in logic but in policy”. To succeed in a claim...

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Details: - Mark: 76% | Course: Tort Law | Year: 2nd/3rd | Words: 1880 | References: No | Date written: Not available | Date submitted: November 27, 2012 | Coursework ID: 754

Question: What is a lease?

Answer: By virtue of s 1 of the Law of Property Act 1925, a term of years absolute in possession is one of the two estates in land that may exist either at...

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Details: - Mark: 76% | Course: Land law | Year: 1st | Words: 1764 | References: No | Date written: February, 2009 | Date submitted: April 27, 2009 | Coursework ID: 551

Question: TMA 03 The Law reform (frustrated contract) Act 1943 has addressed the inadequacy of common law when dealing with the apportionment of loss between parties. Evaluate this statement.

Mark 75%, W202 Contract law and tort law

Answer: To evaluate this statement, we need to look at what is a frustrated contract and what are accepted as frustrations to the contract. Also, look at the common law that was used...

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Details: - Mark: 75% | Course: Contract Law | Year: 2nd/3rd | Words: 2484 | References: Yes | Date written: December, 2016 | Date submitted: March 08, 2017 | Coursework ID: 1007

Question: Jesse is considering buying his aunt Karen’s house as an investment. During the negotiations, Karen states, “This house is worth £200,000 and I’ve had two separate valuations from estate agents verifying that, but since I love you so much I’ll sell it to you for £180,000.” Karen has not received any valuations from estate agents and the house is worth only £120,000. Jesse buys the house for £180,000.

Two weeks after Jesse has completed the sale and moved into the house, he discovers that Karen did not receive any valuations from estate agents. The same week, Jesse discovers that the value of the house has been reduced to £80,000 due to serious damage caused by the collapse of a supporting wall. At this point, a buyer offers £80,000 for the house. Jesse does not sell the house until three months later, when Jesse only receives £75,000 for the house because of a general fall of the property market.

Advise Jesse.

Answer: In relation to Jesse’s current situation, the preliminary issue we must identify before preceding to look at other issues arising from this case, is whether there was an intention to be legally...

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Details: - Mark: 75% | Course: Contract Law | Year: 1st | Words: 2950 | References: Yes | Date written: January, 2014 | Date submitted: February 18, 2015 | Coursework ID: 906

Question: CASE NOTE: Hill v Chief Constable of West Yorkshire [1989] 1 AC 53

Answer: Hill v Chief Constable of West Yorkshire case placed public bodies under a ‘microscope’. It was evident to the court that a principle must be found while simultaneously striking a balance between...

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Details: - Mark: 75% | Course: Criminal Law | Year: 1st | Words: 1000 | References: Yes | Date written: January, 2014 | Date submitted: February 18, 2015 | Coursework ID: 905

Question: “ The important question… is not whether the UK adheres to a pure conception of the separation of powers… but whether its institutions of government are organized in such a way as to guard satisfactorily against the abuse of power”

Discuss the separation of powers in the UK constitution and consider whether the UK system is adequately designed to guard against the abuse of power.

Answer: This essay will look to examine the extent to which, there is an appropriate system to check and balance power in the UK to prevent excessive concentration of power and to which...

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Details: - Mark: 75% | Course: Public Law | Year: 2nd/3rd | Words: 1495 | References: Yes | Date written: January, 2014 | Date submitted: February 18, 2015 | Coursework ID: 904

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