Exam May 2019, questions PDF

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THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON

LA1031

ZB

DIPLOMA IN LAW/CertHE COMMON LAW LLB DIPLOMA IN THE COMMON LAW BSc DEGREES WITH LAW

Legal system and method Wednesday 17 May 2017: 10.00 – 13.15 Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to answer the questions.

Candidates must answer the COMPULSORY question in PART A, TWO from the EIGHT questions in PART B and the COMPULSORY question in PART C.

NOTE: Candidates may detach the sections of the Dealing in Cultural Objects (Offences) Act 2003 from pages 7 to 9 of this question paper for ease of reference in answering Question 10. Candidates must answer all parts of a question unless otherwise stated. Permitted materials None.

© University of London 2017 UL17/0549 Page 1 of 9

PART A Candidates must answer this COMPULSORY question about the seen case Broadview Energy Developments Ltd v The Secretary of State for Communities and Local Government & Ors [2016] EWCA Civ 562. 1.

(a)

Who is the appellant in this case and what did they want to build on a site known as “Spring Farm Ridge”? (2 marks)

(b)

What duty does Longmore LJ say the appeal raises questions about? (1 mark)

(c)

What ‘privately made representations’ did the appellant complain of? (3 marks)

(d)

What distinction does Longmore LJ make between oral representations and those made in writing? (3 marks)

(e)

What reasons does Longmore LJ give to support his view that ‘the chronology is important’ in respect of the ‘tea room conversation’ and the ‘lobby badgering’? (4 marks)

(f)

What is the ratio decidendi of this appeal?

(g)

What points does McCombe LJ make in his criticism of the judgment of Cranston J (the judge at first instance)? (4 marks)

(h)

This case has nothing to do with the decision to withdraw from the European Union or the details of any future relationship with the European Union. Those are political issues which are matters for ministers and Parliament to resolve. They are not issues which are appropriate for resolution by judges, whose duty is to decide issues of law which are brought before them.

(3 marks)

Some of the most important issues of law which judges have to decide concern questions relating to the constitutional arrangements of the United Kingdom. These proceedings raise such issues. This is not because they concern the United Kingdom’s membership of the European Union; it is because they concern (i) the extent of ministers’ power to effect changes in domestic law through exercise of their prerogative powers at the international level, and (ii) the relationship between the UK government and Parliament on the one hand and the devolved legislatures and administrations of Scotland, Wales and Northern Ireland on the other. (Adapted from the decision of the Supreme Court in R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant) (2017). PLEASE TURN OVER UL17/0549 Page 2 of 9

(i)

Why are the details of any future relationship with the European Union NOT matters to be decided by judges? (2 marks)

(ii)

What TYPE of issues of law does this case raise? (1 mark)

(iii)

What SPECIFIC questions of law does the case raise? (2 marks)

PART B Candidates must answer TWO questions in this section. 2.

“The Human Rights Act 1998 (HRA) has changed the way in which judges think about statutory interpretation. Previous approaches had much more respect for the legislative supremacy of Parliament.” Describe the way in which judges interpret statutes under the HRA and compare this with the ways in which judges interpreted statutes before the HRA came into force explaining the extent to which they respected the legislative supremacy of Parliament.

3.

“The common law is judge-made law. For centuries judges have been charged with the responsibility of keeping this law up-to-date taking account of current social conditions and expectations.” Discuss this statement describing the extent to which judges actually make the common law and explaining the extent to which judges do keep the law up-to-date.

4.

“Although the doctrine of binding precedent may have many merits, the promotion of certainty and predictability is not one of them.” Describe how the doctrine of binding precedent operates and identify and explain the advantages and disadvantages of the doctrine with particular reference to certainty and predictability.

5.

“The judiciary must be truly open to everyone of the requis ite ability and we are hopeful that the variety of initiatives being actively pursued will bring more diversity to the judiciary, more quickly.” (Lord Chief Justice, 2016). Describe why the judiciary is said to lack diversity and explain what initiatives have been introduced in recent years and evaluate the progress these initiatives have achieved.

UL17/0549 Page 3 of 9

6.

“The independence of the judiciary is the cornerstone of the rule of law and is vital to our constitution and our freedoms. The reputation of our judiciary is unrivalled and our judges are people of integrity and impartiality.” Describe the two key aspects of judicial independence and explain how institutional judicial independence is constitutionally significant.

7.

“The cuts to legal aid under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) have resulted in negative consequences for access to justice with the greatest impact affecting the poorest and most vulnerable sectors of society.” Explain how LASPO has affected access to justice in England and Wales and describe which people or groups of persons have been most affected by cuts to legal aid.

8.

“Civil justice is becoming an increasingly privatised affair where people choose from a variety of mediation methods rather than risk their day in court.” Describe how mediation is used to settle disputes and explain why people choose mediation as an alternative to public courts to resolve their disputes.

9.

“Trial by jury often brings badly behaved citizens into the courtroom or gives a narrow group of so called ‘representatives of the public’ a decisive voice in delivering justice.” Discuss this statement with reference to jury composition and recent cases on jury misbehaviour.

UL17/0549 Page 4 of 9

PART C Candidates must answer this COMPULSORY question. 10.

In March 2017, Adam visited Egypt. While he was in Egypt he bought a statue of Nekhbet, the vulture god, and sold a piece of papyrus (a type of paper containing ancient writings). The statue of Nekhbet was dug up from a burial site and is about 2,200 years old. Adam bought the statue from Bomani for £4,000, which is less than one quarter of its market value. Adam was able to negotiate this cheap price because Bomani told him that the statue had been stolen from a museum in Egypt. The papyrus Adam sold is about 2,500 years old. It was removed from the wreck of a boat which is buried under the water in the mud of the Red Sea. Adam returned to the United Kingdom in May 2017. He was stopped by Claudia, a Customs and Excise officer, who searched his luggage. She found the statue and is considering prosecuting Adam. Under Egyptian law it is illegal to remove objects from burial sites or other places where cultural objects are buried, or to export objects more than 200 years old without the appropriate export documents. (a)

Explain to Adam whether or not the statue or the papyrus are tainted cultural objects. (12 marks)

(b)

Explain whether or not Adam has committed an offence under section 1 of the Act in buying the statue of Nekhbet. (9 marks)

(c)

Explain to Claudia by what authority, and how, she might initiate a prosecution against Adam. (4 marks)

END OF PAPER

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UL17/0549 Page 6 of 9

ELIZABETH II

c. 27

Dealing in Cultural Objects (Offences) Act 2003 2003 CHAPTER 27 An Act to provide for an offence of acquiring, disposing of, importing or exporting tainted cultural objects, or agreeing or arranging to do so; and for connected purposes. [30th October 2003]

B

by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— E IT ENACTED

Offence of dealing in tainted cultural objects

1 (1)

A person is guilty of an offence if he dishonestly deals in a cultural object that is tainted, knowing or believing that the object is tainted.

(2)

It is immaterial whether he knows or believes that the object is a cultural object.

(3)

A person guilty of the offence is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both), (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).

2

Meaning of “tainted cultural object” (1)

“Cultural object” means an object of historical, architectural or archaeological interest.

(2)

A cultural object is tainted if, after the commencement of this Act— (a) a person removes the object in a case falling within subsection (4) or he excavates the object, and (b) the removal or excavation constitutes an offence.

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2

Dealing in Cultural Objects (Offences) Act 2003 (c. 27)

(3)

It is immaterial whether— (a)

the removal or excavation was done in the United Kingdom or elsewhere, (b) the offence is committed under the law of a part of the United Kingdom or under the law of any other country or territory.

(4)

An object is removed in a case falling within this subsection if— (a) it is removed from a building or structure of historical, architectural or archaeological interest where the object has at any time formed part of the building or structure, or (b) it is removed from a monument of such interest.

(5)

“Monument” means— (a) any work, cave or excavation, (b) any site comprising the remains of any building or structure or of any work, cave or excavation, (c) any site comprising, or comprising the remains of, any vehicle, vessel, aircraft or other movable structure, or part of any such thing.

(6)

“Remains” includes any trace or sign of the previous existence of the thing in question.

(7)

It is immaterial whether— (a) a building, structure or work is above or below the surface of the land, (b) a site is above or below water.

(8)

This section has effect for the purposes of section 1.

3

Meaning of “deals in” (1)

A person deals in an object if (and only if) he— (a) acquires, disposes of, imports or exports it, (b) agrees with another to do an act mentioned in paragraph (a), or (c) makes arrangements under which another person does such an act or under which another person agrees with a third person to do such an act.

(2)

“Acquires” means buys, hires, borrows or accepts.

(3)

“Disposes of” means sells, lets on hire, lends or gives.

(4)

In relation to agreeing or arranging to do an act, it is immaterial whether the act is agreed or arranged to take place in the United Kingdom or elsewhere.

(5)

This section has effect for the purposes of section 1.

4

Customs and Excise prosecutions (1)

Proceedings for an offence relating to the dealing in a tainted cultural object may be instituted by order of the Commissioners of Customs and Excise if it appears to them that the offence has involved the importation or exportation of such an object.

(2)

An offence relates to the dealing in a tainted cultural object if it is— (a) an offence under section 1, or

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Dealing in Cultural Objects (Offences) Act 2003 (c. 27)

(b)

3

an offence of inciting the commission of, or attempting or conspiring to commit, such an offence.

(3)

Proceedings for an offence which are instituted under subsection (1) are to be commenced in the name of an officer, but may be continued by another officer.

(4)

Where the Commissioners of Customs and Excise investigate, or propose to investigate, any matter with a view to determining— (a) whether there are grounds for believing that a person has committed an offence which relates to the dealing in a tainted cultural object and which involves the importation or exportation of such an object, or (b) whether a person should be prosecuted for such an offence, the matter is to be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979 (c. 2).

(5)

Nothing in this section affects any powers of any person (including any officer) apart from this section.

(6)

“Officer” means a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979. Offences by bodies corporate

5 (1)

If an offence under section 1 committed by a body corporate is proved— (a) to have been committed with the consent or connivance of an officer, or (b) to be attributable to any neglect on his part, he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

(2)

“Officer”, in relation to a body corporate, means— (a) a director, manager, secretary or other similar officer of the body, (b) a person purporting to act in any such capacity.

(3)

If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body. Short title, commencement and extent

6 (1)

This Act may be cited as the Dealing in Cultural Objects (Offences) Act 2003.

(2)

This Act comes into force at the end of the period of two months beginning with the day on which it is passed.

(3)

This Act does not extend to Scotland.

© Crown copyright 2003 Printed in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery OYce and Queen’s Printer of Acts of Parliament

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