Law

Year 1 Legal Skills

History is a concept that tells us about the past and guides us on how to build our present-day to the highest possible expectations. J Tosh highlighted that history is ‘situating’ us ‘in a trajectory that is still unfolding’, which means that history remains undiscovered; therefore, the ‘trajectory’ that we are placed in can be redirected if the new folds of history are found. As a matter of fact, the curiosities and mystery of the past can direct and benefit the study of law in to...

Lumba v. Secretary of State for the Home Department [2011] UKSC is a leading case on false imprisonment due to its role in establishing the entitlement of claimants to damages in such cases. . This was created whereby the appellants appealed the Court of Appeal decision to reject their claims for damages for unlawful detention pending deportation following the adherence to an unpublished policy. This decision was held in the Supreme Court since, although the appellant's detention had not reste...

Case Comment: R (Lumba) v Secretary of State for the Home Office

Advise Jayne on what steps she might take to get back into the family home with the children and to protect themselves from Trina and her brother Darius. & Consider whether cohabitees should be entitled to the same property and other rights as married couples and civil partners. If this was so, would there subsequently be any purpose to marriage and civil partnership?

Year 1 Legal Skills

The below case comment provides a critical evaluation of proportionality in R. (Collins) v Secretary of State for Justice, in which should be established if the judicial test is correctly applied and justified towards breaching a human right. Based on that, I should defend the affirmation made by the leading heads of the proportionality test which affirms that the test varies between being thoughtless towards significant moral factors and their limitations that connects with human rights, making...

My chosen first example is the online article which raises questions about the implementation of the Legal Services Act and its effectiveness. The article brings criticism about the act’s validity as it didn’t fully achieve what the government set out to do. It included increasing competition within the legal profession and making access to justice more affordable.

Module & Assessment: Professionalism & Ethics

Elitestone v Morris is a leading case regarding chattels and fixtures. It is because the decision held by Supreme Court in Elitestone sets a precedent, which binds lower courts to follow that decision to other similar cases. Furthermore, it outlines the main issues, including the extent of a chattel as part of realty; and the degree and purpose issues of the chattel’s annexation to the land . Apart from that, triggered strong debates between the judges to which Lord Lloyd concluded that a rem...