16, 17, 18, 19 - Civil Liberties

Source: Core Text on Constitutional and Administrative Law

Following is the summary of this chapter:

1) Freedom and the liberties in the UK - (a) Distinction between civil rights and human rights (b) Introduction to European Convention and Human Rights (c) Introduction to Human Rights Act (d) Remedies for breach

2) Freedom Expression - (a) Control of obscenity and decency (b) Contempt of Court

3) Police Powers - (a) Introduction to the Police and criminal Evidence Act (b) Powers to stop and search (c) Powers to detain and arrest (d) Powers to enter property, search and seizure (e) Willful obstruction of duty buy police

4) Freedom of Assembly and Public Order - (a) Rights and freedoms (b) Breach of peace (c) Common law preventive powers (d) Introduction to the Public Order Act

15 - Tribunals, Inquires and the Ombudsmen Remedy

Source: Core Text on Constitutional and Administrative Law

Following is the summary of this chapter:

1) Tribunals - see this link.

2) Inquiries - Statutory and non-statutory

3) The Ombudsman - see this link.

12, 13, 14 - Judicial Review of Administrative Action

Source: Core Text on Constitutional and Administrative Law

Following is the summary of these chapters:

1) The natures of judicial review - (a) Rule laid down in O'Reilly and contrast this with Mercury Communication, broad v narrow interpretation (b) public law and private law distinction (c) Collateral challenge, can public law issue be raised in private law proceeding, see the the case of Wandsworth London Borough Council (d) Ouster clause (e) Procedure viz: 2 step process

2) The grounds of judicial review - See the case of Wednesbury restated in GCHQs case ie, (a) Illegality (b) Irrationality and (c) Procedural impropriety

3) Remedies - (a) Quashing order (b) Mandatory order (c) Prohibiting order (d) Declaration (e) Injunction (f) Interim declaration (g) Substitutional remedy (h) Damages only in certain circumstances as laid down in s31(4) of Supreme Court Act

9, 10, 11 - Sources of Public Law

Source: Core Text on Constitutional and Administrative Law

Following is the summary of these chapters:

Work in progress...

17 - Employer's liability

Source: Unlocking Torts

Here is the summary of this chapter:

1) Introduction and types of duties - (a) Breach of statutory duties (chapt 16) (b) Vicarious liability (chapt 18) (c) Breach of employer's personal non-delegable duty of care (this chapter)

2) The employers non-delegable duty - (a) statutory duties (b) common law duties laid down on Wlsons & Clyde v English viz: the duty to provide competent staff, safe plant and equipment, safe place of work, safe system of work

3) Recent developments

4) Defences - Volunti and contributory

16 - Breach of Statutory Liability

Source: Unlocking Torts

Here is the summary of this chapter:

1) Introduction - Concerns areas such as industrial safety law, consumer protection, etc

2) When the liability does not exist - Rule laid down in Lonhro v Shell viz: (a) Where the Act creates general obligation for the benefit of community instead of particular class of individuals (b) The Act itself provides redressal mechanism

3) Defences - (a) Voluniti and (b) contributory

15 - The Economic Torts

Source: Unlocking Torts

Here is the summary of this chapter:

1) Deceit - Has lot in common with misrepresentation. Imp element: making statement knowingly or recklessly

2) Malicious falsehood - Imp element: Malice / calculated to cause damage to the claimant, see the case of CUP v University Tutorial Press

3) Passing-off - Imp element: Misrepresentation made during the course of trade

4) Interference with trade - Types: (a) Conspiracy (b) Inducing breach of contract, Imp element: knowledge and motive to bring economic harm to the claimant

14 – Defamation

Source: Unlocking Torts

Here is the summary of this chapter:

1) The distinction between libel and slander – Libel is permanent and actionable per se and slander is not (it is actionable perse only in few cases)

2) The elements of defamation – (a) The statement must be defamatory (b) the statement refers to the claimant (c) it has been published

3) Defences – (a) Justification (b) Fair comment (c) Absolute privilege (d) Qualified privilege (e) Innocent publication (f) Consent

4) Remedies – (a) Injunction (b) Damages

5) Interaction of this tort with privacy, confidentiality and human rights

13 – Torts Relating to Goods

Source: Unlocking Torts

Here is the summary of this chapter:

1) Liability for defective productions - (a) Interaction between tort and Sale of Goods Act as amended bu Sale and Supply of Goods Act, 1994, Unfair Contract Terms Act, Contracts (Right of Third Parties) Act, and Law Reform (Contributory Negligence) Act, (b) Statutory liability under the Consumer Protection Act 1987 – see that one who sells the products manufactured by others (and who clearly states so) will not be liable

2) Interference with goods - (a) Trespass to goods – Interference with person’s right o possession of goods, elements of tort: direct and intentional, (b) Conversion – No covered by Torts (Interference with Goods) Act – see the case of Parker v British Airways Board

3) Defences to trespass and conversion – Lawful authority and Jus tertii

4) Remedies – Retaking of goods and damages

12 – Strict Liability

Source: Unlocking Torts

Here is the summary of this chapter:

1) Introduction - See the distinction between wild (dangerous) animals and tame (non dangerous) animals for the purpose of liability

2) Statutory liability -(a) S 6 of Animals Act 1971 – Identifies a person who is liable and also defines dangerous and non dangerous animals, (b) S 2 of the Animals Act – Deals with the liability for dangerous animals (based on strict liability) and non dangerous animals (based on likelihood) – See a number of case laws surrounding this area including Mirvahedy and Dhesi, (c) Defences

3) Common law liability – Trespass to land, goods and persons, defamation, negligence and nuisance

Sample questions for OSCE and TLST

Kaplan has now published a set of sample questions for OSCE and TLST assessments which is available here:))))

Those preparing for these assessments to be held in June and September 2011, ALL THE BEST!!!