Foundations in Law 2 – Exam Replacement Assessment Task
This assessment is intended to assess the achievement of the Module Learning Outcomes:
1. Demonstrate a positive contribution to your learning and development, and those of others, by regular attendance and active participation in learning activities in Foundations PBL workshops;
2. Communicate with clarity and precision, orally and in writing, with student and staff colleagues, about issues relevant to law;
3. Undertake, describe and reflect on research tasks relevant to law;
4. Describe and explain key legal institutions, key areas of law, the relationships between and among them, and interests, perspectives and contexts relevant to law;
5. Analyse and evaluate the legal issues in a range of scenarios, and suggest solutions to legal problems;
6. Develop reasoned argument and practise critical evaluation in relation to law;
7. Reflect and draw conclusions on the development of your learning, and use them to develop plans for future learning
THE TASK:
In 2020, Anja and Beth, having just finished their degrees, decided to move in together. They spotted a property, 23 Clowheath Road, Glovercroft, which was conveniently located near to the Clowheath Sexual Health and Wellbeing Clinic (the ‘Clowheath Clinic’) where Beth worked as a surgical assistant. The property was advertised as follows:
“House for Rent. Two bedrooms. Furnished. Would suit a couple of professionals. Cost: £750 per month. Contact Clive by sending an email to clive@rentaroom.com.”
Anja and Beth sent the following email:
“Dear Clive,
We would like to rent 23 Clowheath Road. We can move into the property on 1 August 2020.”
Clive replied:
“Dear Anja and Beth,
That’s fine. I’ll send you over the licence form for you to sign, and you can then rent the property from me. I will keep a spare key, so that I or others can access the property if needed. You should know that I’m a landlord for a number of different properties, all of which are leased out to people like yourselves, so you are in good hands.”
When they moved into 23 Clowheath Road, Anja and Beth noticed that there was a lock on one of the bedrooms, but it was unlocked, so they did nothing further about it. They enjoyed living at the property because the Clowheath Clinic had started to become the focus of protests by pro-life and pro-choice campaigners that proved to be an interesting distraction during lockdown. They were disappointed when the Glovercroft Council issued a Public Space Protection Order (PSPO) that prohibited protestors from congregating within 100 metres of the Clowheath Clinic as neither they, nor any of their neighbours, had been consulted on this. They were also surprised to hear that one of the most prominent pro-choice protestors, Dido McVey, from the Clowheath Choice group, was known to be the Director of Public Safety at Glovercroft Council and the signatory of the PSPO.
After living at 23 Clowheath Road for three months, Anja and Beth noticed a problem with one of the walls. They contacted Clive about this, asking for it to be repaired. Clive replied:
“Dear Anja and Beth,
The agreement you entered into with me was a licence, and not a lease, and as such I am not obliged to make this repair. You also should know that my nephew will be living in the spare bedroom for a month from next week: he will have the spare door key I mentioned before. He will also have a key to the spare bedroom.”
Anja and Beth were shocked by this and want to know whether they have a lease or a licence, and whether it really matters.
Public Law Assessment
This Assessment has two parts. Answer the question from Part I and one question from Part II.
Word limits
The word limit for the Public Law Assessment is 1,500 words. There is no allocation of word limits in each part of the Public Law Assessment but bear in mind that Part I and Part II are weighted equally. It is for you to decide how best to allocate the 1,500 words within the paper.
Part I (Public Law)
Identify and set out the strength of the public law and/or human rights arguments that could be made by Anja and Beth.
Part II (Public Law)
Answer (a) OR (b)
(a) ‘…the requirements of the British constitution are sometimes unclear and, therefore, subject to disagreement and dispute. They can also change and evolve over time. But the vicissitudes of controversy on particular issues should not lead us to embrace the extreme view that the British constitution is devoid of norms or principles.’
(Aileen Kavanagh, ‘Recasting the Political Constitution: From Rivals to Relationships’ Kings Law Journal 2019 30(1) 43-73, 51)
Explain, with reference to specific cases, the extent to which the introduction of the Human Rights Act 1998 has impacted on the norms and principles of the British constitution.
Or
(b) ‘…the separation of powers plays a fundamental role in the UK constitution, albeit one that remains in the background rather than being directly enforced by the courts. I will argue that it is the separation of powers that determines the relative balance between the rule of law and parliamentary sovereignty rather than it being the case that the relative importance of the rule of law and parliamentary sovereignty dictates the nature of the separation of powers between the three institutions of the UK constitution. I will argue that this provides a stronger normative justification of the UK’s uncodified Constitution as well as providing a better account of the case law.’
(Alison L. Young, “The relationship between Parliament, the Executive and the Judiciary” in Jeffrey Jowell and Colm O’Cinneide (eds), The Changing Constitution (9th edn OUP 2019), 327)
Discuss, with reference to relevant case law, the extent to which you agree (or not) with Young’s statement.
In your answer to your chosen Part II question you should refer to at least 3 posts from any one or more of: ukconstitutionallaw.org/blog, publiclawforeveryone.com and ukhumanrightsblog.com. There is an expectation that you will utilise independent research to locate other relevant and credible sources.
Property Law Assessment
This Assessment has two parts. Answer the question from Part I and one question from Part II.
Word limits
The word limit for the Property Law Assessment is 1,500 words. There is no allocation of word limits in each part of the Property Law Assessment but bear in mind that Part I and Part II are weighted equally. It is for you to decide how best to allocate the 1,500 words within the paper.
Part I (Property Law)
Advise Anja and Beth as to their property law rights.
Part II (Property Law)
Answer (a) OR (b)
(a) ‘The system of registered land under the Land Registration Act 2002 does not provide sufficient protection to those in occupation of land.’
Discuss.
Or
(b) The decision in Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and others [2019] AC 553 went too far, and has created ‘not [merely] a simple property right, but permanent membership of a country club’ (at 586 per Lord Carnwath JSC).
Discuss.
END OF TASK
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