English Legal System

OSCOLA footnote style referencing. Double spaced. Font size 12 Arial. Microsoft word document. Blank margin one inch on both sides of each page. Maximum 3,000 words. LLB (HONS) ENGLISH LEGAL SYSTEM & SKILLS AS SESSMENT Law School 1 LLB (HONS) ENGLISH LEGAL SYSTEM AND SKILLS COURSEWORK G3 Deadline: 2pm, Tuesday 16 August 2016 Submission: via Turnitin Word Count : 3 ,000 words (excluding the questions) Part 1 – Case Analysis Read the case of Payne and Payne [2001] EWCA Civ 16 6 and using this case only a nswer the following questions: Your answers must be based on this case extract only. 1. In the English court of first instance, who was the judge ? (1 mark) 2. What were the parties seeking from the court at first instance (2 m arks) 3. W hat was the outcome at first instance ? (2 marks) 4. Who were the Court of Appeal judges and when did they hear the appeal ? (2 marks) 5. According to Lord Justice Thorpe , what two propositions have governed relocation cases over the past 3 decades ? (2 marks) 6. What important authority relied on by the court of first instance was challenged by the appellant? ( 1 mark) 7. What issues did the appellant raise in respect of the European Convention on Human Rights? Did the Court of Appeal agree and what reporte d European cases were cited in support? (6 marks) LLB (HONS) ENGLISH LEGAL SYSTEM & SKILLS AS SESSMENT Law School 2 8. What does Lord Justice Thorpe believe is the most crucial assessment and finding for a judge in a relocation case and why? (1 mark) 9. What guidelines for relocation cases did Lord Justice Thorpe set out? (2 marks) 10. Please identify from the below, which are the material facts in Payne v Payne and which are not ? (4 marks) i) The claimant worked in Kuala Lumpar for 6 months during the parties’ marriage. ii) The respondent had an intense dislike of life in L ondon. iii) An application can be made under the Hague Convention in relation to any child wrongfully removed from the country in which they are habitually resident. iv) The claimant’s contact with the child went exceptionally well. 11. Which of the following is/ar e the ratio decidendi of the case? If you think a statement is part of the ratio decidendi explain why. If you think a statement is not part of the ratio decidendi explain why. (6 marks) a) The mother’s family support network was in Auckland, New Zealand. b) The welfare of the child is the paramount consideration. c) The opportunity for continuing contact between the child and the parent left behind may be very significant. 12. What was the decision in the Court of Appeal ? (1 marks) 13. Omar and Roccio divorced 1 y ear ago, shortly after the birth of their third child and Roccio was granted a residence order in respect of the children. When the parties divorced they had to move out of the family home due to financial pressures. Roccio moved to a rented two bedroom f lat with the parties’ three children (aged 1, 3 and 16) in a less expensive area of the city and Omar moved back in with his parents who live at least an hour away by car. Although the parties have an acrimonious relationship, Omar sees the children every other weekend and one evening during the week. Omar has gathered from their oldest child that Roccio is struggling to cope and has been feeling lonely and depressed for some months.