defences to protect free speech is thus essential. ■ The question refers to protection in domestic law, but it is permissible to use cases from the European Court in order to examine
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cite properly, the better your answer will be. For cases, the principles and their application to the facts and decision (and other cases) are the most important aspects; remember names
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Dying Bill. The case law of both the domestic and Strasbourg courts is essential in addressing the question: Pretty, Purdy, Nicklinson, and Conway. These cases will identify all
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specifically, to cases brought against the UK, so ensure that you highlight the impact of such cases on UK prison law and practice. However, you can refer to other cases that establish
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5 The author deals with the issue on the use of fatal force, outlining the essential principles and cases. In McCann , three IRA terrorists were shot dead by SAS officers when it
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authorities, particularly in cases of suspected terrorism ( Ocalan v Turkey (2005) 41 EHRR 45 ), although it has been held this should not undermine the essential safeguards provided by
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these cases, it is essential that such practices are only carried out with proper legal safeguards which restrict their use and which provide the individual with a remedy in cases of their
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of the Convention and its case law. Although the courts are not bound to follow such case law, it is expected that they will do so and thus decide cases in a manner more akin to the
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stance is illustrated through the case of Lawless and is then supplemented by a further example of deference in the Brannigan case. In that case, the Court also stressed that it
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discretion has been given in cases where the employee refuses to carry out instructions which conflict with their religious beliefs, but which are essential in terms of promoting equality
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of constitutional, legal, and moral dilemmas that arise from those methods. ● The essential elements of legality in controlling the violation of human rights, such as necessity and
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encounter many different cases from many different sources. It is essential that you understand what the law reports of England and Wales are and what a case citation means. Should
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children. Examples of cases excluded by LASPO • employment cases; • general contract cases; • tortious cases; • land cases; • private family cases. Merits Before
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■ To answer a question like this, it is essential that you have read not just the case but also the literature referred to in the case itself. ■ Examiners are known to set ‘s
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achieved by a different shape; • the essential elements of a mark are its most important elements—and this must be decided on a case-by-case basis (the Court was unwilling to prescribe
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international relocation cases. ■ It is essential that you discuss the original leading case: Payne v Payne [2001] 1 FCR 425 , but also post- Payne cases, for example K v K
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suitable quote from the case itself, write it in. Your next step will be to focus on the case itself. What did the ruling say? How and why (if at all) did the case change the law? Look
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proof in civil cases With regard to civil common law cases the allocation of the burden is apparent from the statement of claim. If the claimant fails to prove any essential element of
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Table 7.8 Better case management New procedure Description Digital case system (DCS) Adoption of paperless trials in the Crown Court. Now, essential documents such as
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Jones v Kernott [2011] UKSC 53 is also essential. ■ Read the question carefully—you are only required to discuss joint names cases. Diagram answer plan
