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Written assignment: case note (worth 100% of the total marks) This assignment is based on the judgement of the European Court of Human Rights (ECtHR) in Armani da Silva v The United Kingdom (application no. 5878/08, judgement of 30th March 2016).

Written assignment: case note (worth 100% of the total marks) This assignment is based on the judgement of the European Court of Human Rights (ECtHR) in Armani da Silva v The United Kingdom (application no. 5878/08, judgement of 30th March 2016).

Written assignment: case note (worth 100% of the total marks) This assignment is based on the judgement of the European Court of Human Rights (ECtHR) in Armani da Silva v The United Kingdom (application no. 5878/08, judgement of 30th March 2016).

You will find it useful to read the judgement in its entirety. You may also find commentary on the case in journals such as European Human Rights Law Review and in reputable blogs such as the UK Human Rights Blog (One Crown Office Row).

Your task is to write a 2,000 word case note for a student law society magazine on Da Silva v United Kingdom – a case of considerable public interest in recent years. Your case note should focus on the following questions. You do not need to use headings but you can do so if you wish. The word count indicates approximately what proportion of the total word count should be used for each question.

1. Summarise the facts leading up to the death of Jean Charles de Menezes. (200 words).

2. Identify the two judicial review claims brought by the family in the domestic courts. Explain on what grounds judicial review was sought in each claim; the difficulties faced by the claimants; and the outcomes of the judicial review claims. (500 words).

3. Explain the main issues considered by the ECtHR, and summarise the reasoning of the court in relation to each issue. (600 words).

4. With reference to the Da Silva case and at least one further case decided by the ECtHR, discuss the extent to which
Article 2 ECHR can be termed an ‘absolute’ right. (300 words).

5. The joint dissenting opinion notes that a breach of Article 2 occurred because (i) the test for ‘putative self-defence’ in English criminal law is inadequate for determining criminal liability; (ii) the IPCC investigation was inadequate; and (iii) the test for prosecution was too stringent. State which one of these arguments, if any, you consider persuasive, and why? (400 words).
Learning outcomes to be examined in this assessment:
1. Identify and apply legal principles and case authorities to problem situations relating to judicial review and human rights.

2. Demonstrate a development of written and oral communication skills (acquired in Public Law and Human Rights I) necessary to tackle the summative assessments in this module, including familiarity with appropriate terminology.

3. Demonstrate and deepening and refinement of the skills (acquired in Public Law and Human Rights 1) needed to undertake legal research and use sources appropriate to this subject.

4. Demonstrate a deepening and refinement of the skills (acquired in Public Law and Human Rights 1)needed to draft written communication and/or oral communication in relation to specific issues of public law and human rights.
Referencing and academic offences:

You must make sure that all the sources are properly referenced.

All students must use Oxford Standard for Citation of Legal Authorities (OSCOLA).

Failure to provide references may constitute plagiarism which is a serious academic offence.

Furthermore, should you submit work that is similar or identical in content to that of another classmate, you could be guilty of collusion (another serious academic offence).

Both plagiarism and collusion are forms of cheating – serious academic misconduct which has to be reported to the Solicitors Regulation Authority and the Bar Council and which may prevent even a successful law student from being admitted into the legal profession.

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