Please use Oscola references and books not websites. U can access to my uni account and access lexis nexis and west law. Do not forget the case note.Reading:

Case extract provided

Texts – Any of the standard ELS texts (chapters on case reading and analysis).

 

In the next few weeks we will be looking at case reading and analysis, and looking to develop our own system for the interpretation and reporting of case decisions. Some of the texts refer to this as Case Briefs and it is essentially a way in which we can analyse and summarise case decisions in a coherent and structured written format.

 

The case of Gallop v Newport City Council.

 

Note the layout and style – A4 pages, paragraph numbers and headings etc - and the style is more ‘journalistic’ than ‘legalistic’ (that is, it is not overly formal). This is characteristic of the Industrial Relations Law Reports (a series dealing specifically with employment cases). 

 

What is the EAT? At what level does it sit within the court hierarchy? Who are the judges? Or, are they lay people?

 

Who appeared at the EAT for the parties? Is Ms Laura Prince a lawyer? What is the ‘Bar pro-Bono Unit’?

 

Can you summarise the facts of the case – even thought he report is brief, that facts may be rather complex. Can you identify the key points from the information given? How long had Gallop been employed?

 

Can you clarify the nature of the legal issues? What was being alleged by Gallop, and what was the explanation/defence offered by Newport Council? Is there more than one substantive legal issue here?

 

What is a ‘compromise agreement’ – is this a form of ADR?

What do you understand by disciplinary proceedings – must there be substantive reasons and a clear procedure to be followed?

 

Should an employer be required to (continue to) employ someone who is deemed not be capable of working?

 

Is this case about unfair dismissal – or is it about discrimination?

 

How many appeals were brought?

Who won?

What were the approved remedies?

Can the parties appeal further – if so, to which court?

 

 

Can you write a concise summary of this case highlighting the factual and legal issues as well as the legal outcomes?Using the case of Mitchell v News Group Newspapers Ltd [2014] 2 All ER 430 (CA)

1.    Construct a case note (using the style discussed in the lectures and seminars). 450 words

2.    Produce a commentary on the case ( as discussed in the lecture and seminars)800

words

Further guidance

Case note: it is important to write in your own words.  Try using the technique of gaining facts and issues from the first pages of the case, and the decision and conclusion from the last pages.  Only use the headnote to check your case note.

 

Commentary: in constructing your answer consider the following;

What are the CPR?

Why is it important to ensure that all parties comply with CPR guidelines?

Should solicitors be accountable for procedural lapses and errors?

Had either party suffered a detriment?

What is the best manner for dealing with such procedural issues?

What do you think?

 

Assessment criteria

Case Note (40% of mark)

·         Concise statement of the material facts

·         Clarity with which the legal issues are identified and how the decision answered them

·         Precision in writing

 

Commentary (60% of mark)

• Clear introduction which clearly sets out the issues to be decided
• Succinct overview of the key supporting evidence, whether from case law, statute, government publication or academic writing used by the judge to support his argument
• Ability to analyse and present the principal points that make up the decision.
• Ability to place the case decision within the context of the wider legal issues.