Käynnissä

2000 words in 6 hours max

Question 1 - judicial review.

Advise the claimants in the following (fictitious) situations whether they can challenge the decisions by way of judicial review. In your answer, include a discussion of the judicial review procedure, grounds of review, and the remedy each claimant is likely to seek.

(a) Jacek, who is in the entertainment business, applies for a licence from Tanfield Borough Council to open a lap-dancing club. The Council has statutory powers to issue licences for adult entertainment venues. Jacek’s application is turned down. He later finds out that the Chair of the licensing panel, Marcia, is the partner of Harish, who owns another lap-dancing club in the area, for which she also provides occasional consultancy services.

(b) Roy, who is serving a five-year sentence in Mountfield prison for robbery, is due to be considered for parole. He is turned down on the basis of a report alleging he has assaulted one of the prison officers, although he is not told of the reasons for the decision. Roy was not shown the report nor given an opportunity to argue his case before the parole board.

(c) Rajesh, aged 35, was given a police caution for a minor public order offence when he was 17. He recently applied for a job as a teacher at a local college, but was turned down after the police informed the college of his previous offence during background checks. The police are complying with the Home Secretary’s policy to retain all DNA and fingerprints for persons charged with a criminal offence for 30 years.

Question 2 – Human rights

You are working for a firm of solicitors representing a male sporting celebrity. The celebrity has been notified by the Daily Rag that they intend to publish a story alleging that he has taken part in sado-masochistic orgies. The allegations come from an unnamed source and contain explicit and graphic details about the alleged events. The celebrity intends to bring a privacy action against the newspaper and now seeks an immediate injunction preventing publication of the story.

You have been asked to write a case note on the case of PJS v News Group Newspapers Ltd (Respondent) [2016] UKSC 26 for the senior partner to assist with the preparation of claim for an injunction.

In your case note, include the following headings:

(a) Factual background to the case.

(b) The legal issues presented in the case.

(c) The judgment – how the judges reached the decision.

How did the judges use precedent? What statutes were relevant? Were any policy considerations influential here? What was the ratio, were there any differences of approach between the judges, and what was the view of the dissenting judge?

(d) What is the likely impact on your client’s case?

Taidot: Laillinen, Oikeudellinen tutkimus, Oikeudellinen kirjoittaminen, Tutkimusten kirjoitus

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