T
TomDewell
Guest
- Jurisdiction
- United Kingdom
I would so appreciate and be ever so grateful if one could provide a draft, strategy and points on how to answer the following questions...
Question 1
Consider the following scenarios. Please note that the cases presented are fictitious.
Scenario 1
The Court of Appeal (Civil Division) is giving its judgment in Express Washers v Dry Cleaning Express. The court decide that they will not follow their previous decision in Washing Laundry v Cleanaway, a case decided in 1988. The court's reasoning is that it had misunderstood and wrongly applied the House of Lord's decision in the case of Washing & Co v Cleaning Co, a case decided in 1986.
Scenario 2
The Court of Appeal (Civil Division) is hearing the fictional case of Gough v Heaton. The court has referred to a previous decision of the House of Lords, Templeton v Grainger, which was decided in 2003, and the Court of Appeal case of Highfield v Sooty, which was decided in 2001. The Highfield case conflicts with the decision in Templeton. The Court decide to follow the precedent set in Highfield.
Scenario 3
The Court of Appeal (Civil Division) is hearing the case of Gravity v Petroleum Ltd. The court has referred to two previous decisions, including Maxwell v Highton, which was decided in 2011, and Moloney v Caprell, which was decided in 2012. They are both decisions of the Court of Appeal (Civil Division) but the decisions conflict. The court decides to follow the earlier case of Maxwell v Highton.
Explain whether the court has proceeded in the correct way in each of the scenarios with reference to the rules of judicial precedent.
Question 2
Evaluate whether Parliament is sovereign, giving consideration to judicial power and the effect of the European Convention on Human Rights (ECHR) on the law of England and Wales.
Question 1
Consider the following scenarios. Please note that the cases presented are fictitious.
Scenario 1
The Court of Appeal (Civil Division) is giving its judgment in Express Washers v Dry Cleaning Express. The court decide that they will not follow their previous decision in Washing Laundry v Cleanaway, a case decided in 1988. The court's reasoning is that it had misunderstood and wrongly applied the House of Lord's decision in the case of Washing & Co v Cleaning Co, a case decided in 1986.
Scenario 2
The Court of Appeal (Civil Division) is hearing the fictional case of Gough v Heaton. The court has referred to a previous decision of the House of Lords, Templeton v Grainger, which was decided in 2003, and the Court of Appeal case of Highfield v Sooty, which was decided in 2001. The Highfield case conflicts with the decision in Templeton. The Court decide to follow the precedent set in Highfield.
Scenario 3
The Court of Appeal (Civil Division) is hearing the case of Gravity v Petroleum Ltd. The court has referred to two previous decisions, including Maxwell v Highton, which was decided in 2011, and Moloney v Caprell, which was decided in 2012. They are both decisions of the Court of Appeal (Civil Division) but the decisions conflict. The court decides to follow the earlier case of Maxwell v Highton.
Explain whether the court has proceeded in the correct way in each of the scenarios with reference to the rules of judicial precedent.
Question 2
Evaluate whether Parliament is sovereign, giving consideration to judicial power and the effect of the European Convention on Human Rights (ECHR) on the law of England and Wales.
