English Legal System

OSCOLA footnote style referencin" rel="nofollow">ing. Double spaced. Font size 12 Arial. Microsoft word document. Blank margin" rel="nofollow">in one in" rel="nofollow">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 Deadlin" rel="nofollow">ine: 2pm, Tuesday 16 August 2016 Submission: via Turnitin" rel="nofollow">in Word Count : 3 ,000 words (excludin" rel="nofollow">ing the questions) Part 1 – Case Analysis Read the case of Payne and Payne [2001] EWCA Civ 16 6 and usin" rel="nofollow">ing this case only a nswer the followin" rel="nofollow">ing questions: Your answers must be based on this case extract only. 1. In the English court of first in" rel="nofollow">instance, who was the judge ? (1 mark) 2. What were the parties seekin" rel="nofollow">ing from the court at first in" rel="nofollow">instance (2 m arks) 3. W hat was the outcome at first in" rel="nofollow">instance ? (2 marks) 4. Who were the Court of Appeal judges and when did they hear the appeal ? (2 marks) 5. Accordin" rel="nofollow">ing 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 in" rel="nofollow">instance was challenged by the appellant? ( 1 mark) 7. What issues did the appellant raise in" rel="nofollow">in respect of the European Convention on Human Rights? Did the Court of Appeal agree and what reporte d European cases were cited in" rel="nofollow">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 fin" rel="nofollow">indin" rel="nofollow">ing for a judge in" rel="nofollow">in a relocation case and why? (1 mark) 9. What guidelin" rel="nofollow">ines for relocation cases did Lord Justice Thorpe set out? (2 marks) 10. Please identify from the below, which are the material facts in" rel="nofollow">in Payne v Payne and which are not ? (4 marks) i) The claimant worked in" rel="nofollow">in Kuala Lumpar for 6 months durin" rel="nofollow">ing the parties’ marriage. ii) The respondent had an in" rel="nofollow">intense dislike of life in" rel="nofollow">in L ondon. iii) An application can be made under the Hague Convention in" rel="nofollow">in relation to any child wrongfully removed from the country in" rel="nofollow">in which they are habitually resident. iv) The claimant’s contact with the child went exceptionally well. 11. Which of the followin" rel="nofollow">ing is/ar e the ratio decidendi of the case? If you thin" rel="nofollow">ink a statement is part of the ratio decidendi explain" rel="nofollow">in why. If you thin" rel="nofollow">ink a statement is not part of the ratio decidendi explain" rel="nofollow">in why. (6 marks) a) The mother’s family support network was in" rel="nofollow">in Auckland, New Zealand. b) The welfare of the child is the paramount consideration. c) The opportunity for contin" rel="nofollow">inuin" rel="nofollow">ing contact between the child and the parent left behin" rel="nofollow">ind may be very significant. 12. What was the decision in" rel="nofollow">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" rel="nofollow">in respect of the children. When the parties divorced they had to move out of the family home due to fin" rel="nofollow">inancial pressures. Roccio moved to a rented two bedroom f lat with the parties’ three children (aged 1, 3 and 16) in" rel="nofollow">in a less expensive area of the city and Omar moved back in" rel="nofollow">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 evenin" rel="nofollow">ing durin" rel="nofollow">ing the week. Omar has gathered from their oldest child that Roccio is strugglin" rel="nofollow">ing to cope and has been feelin" rel="nofollow">ing lonely and depressed for some months.