Employment Law essay

Employment Law essay

Project description
Write a 1500 word case note on the decision of the Supreme Court in Attrill v
Dresdner Kleinwort Ltd [2013] EWCA Civ 394 .
Referencing: Students must reference sources using the Oxford Standard for the
Citation of Legal Authorities (OSCOLA).
The governing criterion for the highest marks in excellence judged in terms of the
student‘s ability to undertake legal reasoning , to demonstrate a high level of
understanding of the relevant legal principles and provide a a high level of critical
analysis of the Attrill decision.
Critical analysis is concerned with probing and testing material for truth.

Critical analysis involves either :
–testing a statement of the law against other, authoritative statements of the
law to see whether it is correct in law; or
–examining a statement of the law to see whether it accurately expresses or
summarises other cases; or
–testing a statement to see whether it is clear and unambiguous; or
–testing a statement of the law against claim made for it by a judge; or
–examining a body of material to examine the contextual or theoretical
background underpinning a statement of the law
GUIDANCE

(i) Preliminary Matters
Read the case. Identify the issues that the court was asked to decide. Read all
relevant authority cited by counsel and the court. Study counsel‘s arguments to
familiarize yourself with the opposing arguments. Read case notes in leading
academic journals to see how other authors approach their topic. A recent example
is by Roseanne Russell, ?Malone and others v British Airways plc: protection of managerial
prerogative?? (2011) 40 ILJ 207

(ii) How is a case note organized?
The Australian National University guidance helps here. An effective case note
requires good organization and clear analysis. Generally, includes the elements
below. The following scheme is a flexible guideline. You do not need to use these
sub-headings. )
Introduction
Establish the context in which the case was decided. What practical problem had
arisen? What was the legal problem the court had to resolve and how, if at all, was
the law in doubt before Attrill?

Facts
Include only the relevant legal facts presented in a clear, concise, and interesting
manner.

Decision
State the court‘s decision on each relevant issue.

Analysis
Describe and critically analyze the court‘s reasoning and decision. Remain
objective, but do not be afraid to express original ideas. See Russell‘s case note
(above) for an example of effective legal analysis
Critical analysis is concerned with probing and testing material for truth.
Critical analysis involves either :

? testing a statement of the law against other, authoritative, statements of the
law to see whether it is correct in law; or
? examining a statement of the law to see whether it accurately expresses or
summarises other cases; or
? testing a statement to see whether it is clear and unambiguous; or
? testing a statement of the law against claim made for it by a judge; or
? examining a body of material to examine the contextual or theoretical
background underpinning a statement of the law

Conclusion
Bring your case note to a culmination by reinforcing the impportance of the
decision in Attrill

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