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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employee was informed that his or her appeal had failed. Key cases Case Facts Principle Buckland v Bournemouth University [2010] IRLR
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Mistake of Identity in English Contract Law’ (2005) 64 CLJ 711. Key cases Case Facts Principle Walford v Miles (HL) Enforceability of agreement
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little use when, as so often will be the case, she has left the employment of the defendants. Key cases Cases Facts Principle JH Walker
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proportionate. Key cases Cases Facts Principle Archibald v Fife Council [2004] IRLR 651 This case concerned an employee of Fife Council
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court at this point does investigate the merits of the case, and do not enquire merely whether the ex-employers have a good case for the award of a remedy. An interim injunction gives
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Interest: Panatown and the Problem of Loss’ (2001) 117 LQR 81. Key cases Case Facts Principle Tweddle v Atkinson Groom was named intended
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Has it assisted with the ‘core and ancillary terms’ distinction? Key cases Case Facts Principle Chapelton v Barry Urban District Council (CA)
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interesting times: the ground is shifting beneath our feet. Key cases Case Facts Principle McShane v Express Newspapers [1980] IRLR 35
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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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Macmillan, 2015), Chapter 5. Terms and breach of contract 5. Key cases Case Facts Principle Couturier v Hastie (HL) Seller sold corn, believed
