Using OSCOLA reference system
Recommending book : Lisa Webley and Harriet Samuels ( text , cases materials ) (3rd, ed )
please answer the question as simple as you can
QUESTION ( Case problem )
Rhys Evans is a Member of the National Assembly for Wales and a well-known campaigner against the role played by Church schools in the education system in Wales, arguing in favour of a secular education system. In this context Church schools are state-funded schools that teach a standard curriculum but which have a particular religious character or formal links with a particular Church. The following article has recently appeared in the Cowbridge Echo, a local newspaper.
Rhys’s School Scam
Rhys Evans has been a critic of Church schools for many years and has been a vocal proponent of the benefits of non-religious education. Well, Rhys may
have undergone a conversion! His daughter, aged 7, has recently started attending St David’s Church in Wales Primary School, one of the most sought after
schools in south Wales – and a Church school. A parent at St David’s Church in Wales Primary School told the Echo that Rhys and his daughter quietly started
attending St David’s Church a couple of years ago so that the young girl could get a school place. As soon as she got her place, they never set foot in church again!
It seems that Rhys no longer believes that Church schools are so harmful after all. He should clarify his position.
The article is accompanied by a photograph of Rhys and his daughter arriving at
the school. The face of his daughter has been blurred to protect her identity. Although Rhys accepts that the article and photograph are factually correct, he has commenced proceedings in the High Court alleging that his right to privacy has been infringed. Asserting its right to freedom of expression, the Cowbridge Echo intends to defend this claim.
Explain, with reference to relevant case law, the basis on which Rhys will
bring his claim and the basis on which the Cowbridge Echo will defend it.
Outline the approach that the High Court will take when considering the claim.
Guidance on answering problem questions.
Problem questions are designed to test the student’s grasp of the legal principles in a particular area or areas. The student will be expected to refer to and apply the relevant statutory provisions and case-law. The student’s tasks are to assess the facts, identify the legal issues arising from them, and apply the relevant case and statute law to them. The student should compare the facts to those which have arisen in the case- law in order to ascertain how the current problem might be decided. The student should also consider whether the facts are covered by the words of particular statutory provisions.
When answering a problem question, generalities about the relevant law should be avoided. It is the application of the law to the particular facts presented which is required. Sometimes the information given will be open to various interpretations, in which case the legal implications of each eventuality should be discussed.
Answers to problem questions are assessed on the basis of application of the law, accuracy in this application and sophistication of argument. There may be little scope for discussion of the wider context, or for reference to research, unless introduced as part of an argument that a particular outcome is more likely than another on the facts. Answers to problem questions should usually be organised according to the particular issue being dealt with, or the individual being advised, and so on.
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