W101 online tutorial eight

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Communication in this room

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Recording is
starting

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Agenda
• Welcome and introduction
• What are human rights?
• Which rights are enforceable under the ECHR?
• The UK and the ECHR
• The roles of the courts
• Which court?
• Solving problem questions
• Review of the tutorial
• Questions and conclusion
What are human rights?
What are human rights?

“inalienable, universal and

interdependent, and mark out
the notion that common
humanity is shared across the
globe”
(Section 2, Unit 9)
What are human rights?
Type of right Description
Absolute right

Limited right

Qualified right
What are human rights?
Type of right Description
Absolute right Must be observed by the
state in all circumstances.
May never be breached or
limited.
Limited right Has specific limitations that
are acceptable. The
limitations are typically set
out with the right.
Qualified right May be restricted to protect
the rights of others or for
the public interest.
Human rights

What is the European

Convention on Human
Rights?
Human rights
Respect for private life
A disabled, but not incontinent, woman’s right to a
care assistant to help her use the toilet during the
night.

Is this:
a) Enforceable
b) Unenforceable

VOTE NOW
Human rights
Respect for private life

A disabled, but not incontinent, woman’s right to a care

assistant to help her use the toilet during the night.

Unenforceable.

R (MacDonald) v Borough of Kensington & Chelsea

[2011] UKSC 33:
On the basis of proportionality and the well-being of
other service users, along with the economic well-being
of the borough.
Human rights
Freedom of religion
The right to an open-air funeral pyre for the
purpose of observing religious practices.

Is this:
a) Enforceable
b) Unenforceable

VOTE NOW
Human rights
Freedom of religion

The right to an open-air funeral pyre for the purpose of

observing religious practices.

Enforceable.

Ghai v Newcastle City Council [2010] EWCA Civ 59:

Decision on the basis of interpretative latitude of what
construed a building (required for a cremation): funeral
pyre was thought to be sufficient.
Human rights
Freedom of religion

The right of a school student to wear a jilbab to

school.

Is this:
a) Enforceable
b) Unenforceable

VOTE NOW
Human rights
Freedom of religion

The right of a school student to wear a jilbab to school.

Unenforceable.

Begum v Denbigh High School [2006] UKHL 15:

Right to religious belief is an absolute right, but right to
manifest it is qualified.
Human rights
Freedom from torture
The right of a refugee to escape deportation to be
placed on trial where it is considered likely that
evidence will be obtained by torture.

Is this:
a) Enforceable
b) Unenforceable

VOTE NOW
Human rights
Freedom from torture

The right of a refugee to escape deportation to be placed

on trial where it is considered likely that evidence will be
obtained by torture.

Enforceable.

Othman (Abu Qatada) v UK (2012) 55 EHRR 1

Abu Quatada eventually deported after accord between
Jordan and UK was signed stating that evidence
obtained by torture could not be used against him in an
upcoming trial.
Human rights
Freedom of association

The right to be a member of a trade union while

working for an intelligence and security agency.

Is this:
a) Enforceable
b) Unenforceable

VOTE NOW
Human rights
Freedom of association

The right to be a member of a trade union while working

for an intelligence and security agency.

Unenforceable.

CCSU v Minister for the Civil Service [1995] AC 374:

National security issue.
The UK and the ECHR

What is the impact of the

Human Rights Act 1998?
The UK and the ECHR

The impact of the Human Rights Act 1998:

• All new legislation must be compatible with the
ECHR.
• The UK courts must interpret existing legislation so
it is compatible with the ECHR whenever possible.
• The UK courts can issue declarations of
incompatibility with the ECHR.
• The UK courts can hear claims under the ECHR.
Prepare an argument in support of the statement
‘Repeal of the Human Rights Act 1998 and
withdrawal from the European Convention on
Human Rights would be a good thing for the
United Kingdom.’
Recording again
The court system
The Supreme Court

Can you fill in the blanks?

In 2009 the Supreme Court replaced the _house of

lords __ as the highest court in England, Wales and
Northern Ireland. The Supreme Court hears appeals
from the _Court of Appeal __ and the __High
Court __ (only in exceptional circumstances).
The Court of Appeal

Can you fill in the blanks?

The Court of Appeal consists of two divisions, the

__Civil_ Division and the _Criminal____ Division.
The High Court

Can you fill in the blanks?

The High Court consists of three divisions: the

_Queens ________ Division, the Family Division,
and the ­____Chancery____________Division.
The Crown Court

Can you fill in the blanks?

The Crown Court deals with _indictable __ criminal

cases that have been transferred from the
__Magistrate__ Courts. Cases are heard by a
judge and a _jury__.
The County Court

Can you fill in the blanks?

The County Court deals with a range of _civil _

issues including claims for repayment of debts,
breach of contract involving goods or property, and
personal injury. Cases are heard by a _Judge _.
The role of the courts
• In 2009 the Supreme Court replaced the House of Lords as the highest court
in England, Wales and Northern Ireland. As with the House of Lords, the
Supreme Court hears appeals from the Court of Appeal and the High Court
(only in exceptional circumstances).
• The Court of Appeal consists of two divisions, the Civil Division and the
Criminal Division.
• The High Court consists of three divisions, the Chancery Division, the Family
Division, and the ­Queen’s Bench Division.
• The Crown Court deals with indictable criminal cases that have been
transferred from the Magistrates’ Courts. Cases are heard by a judge and a
jury.
• The County Courts deal with a range of civil issues including claims for
repayment of debts, breach of contract involving goods or property, and
personal injury. Cases are heard by a judge.
Which court?

Sam has been caught shoplifting a bottle of vodka from

a supermarket and has been charged with theft.
Which court will the case be heard in?
A. County Court
B. Magistrates Court
C. Crown Court

VOTE NOW
Which court?

Sam has been caught shoplifting a bottle of vodka from

a supermarket and has been charged with theft.
Which court will the case be heard in?
A. County Court
B. Magistrates Court
C. Crown Court
Which court?

Joe is suing his plumber for damage caused to his

bathroom tiles during the installation of a new shower.
He is hoping to recover £500 in repair costs.
Which court will the case be heard in?
A. Magistrates Court
B. High Court
C. County Court

VOTE NOW
Which court?

Joe is suing his plumber for damage caused to his

bathroom tiles during the installation of a new shower.
He is hoping to recover £500 in repair costs.
Which court will the case be heard in?
A. Magistrates Court
B. High Court
C. County Court
Which court?

Stef has been charged with grievous bodily harm after

being involved with a fight outside a nightclub.
Which court will the case be heard in?
A. Crown Court
B. Court of Appeal
C. High Court

VOTE NOW
Which court?

Stef has been charged with grievous bodily harm after

being involved with a fight outside a nightclub.
Which court will the case be heard in?
A. Crown Court
B. Court of Appeal
C. High Court
Which court?

Yvette is being sued by her former business partner for £30

000. The case involves complex points of company law.
Which court will the case be heard in?
A. County Court
B. High Court
C. Court of Appeal

VOTE NOW
Which court?

Yvette is being sued by her former business partner for £30

000. The case involves complex points of company law.
Which court will the case be heard in?
A. County Court
B. High Court
C. Court of Appeal
Problem questions

What are the steps you need to take to answer

a problem question?
Bob was driving through Birmingham town
centre when his car was hit in the rear by a car
being driven by Brian. The back of Bob’s car, a
2018 Mercedes A Class, was badly damaged.
The estimated cost of repairs is £5,000.
Fortunately, Bob was not injured.
Advise Bob using the IRAC method
Problem questions
Overview Purpose of answer
Law you will apply

Main body: IRAC - Issue

- Rule
- Application
- Conclusion

Overall Conclusion directly answering

summary the question
Problem questions
Overview Purpose of answer Whether Bob has civil law claim
Law you will apply - Whether elements of negligence (duty,
breach, causation and damages) satisfied

Main body: IRAC - Issue • Issue - Duty of care? Rule, application,

- Rule conclusion
- Application
- Conclusion • Issue - Breach? Rule, application,
conclusion

• Issue – Causation? Rule, application,

conclusion

• Issue - Damages? Rule, application,

conclusion

Overall Directly answer the question If we can answer yes to those questions, Bob
summary would have claim in negligence against Brian
for which he can seek damages.
Recording

We will now stop

the recording
of the tutorial

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Review

Spend a few moments reflecting on this

tutorial session, and share in the chat
box one way that you will use what you
have learnt today.

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Do you have any other
questions?

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tutorial, e.g. what you have
enjoyed or not enjoyed.

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