Tort Law and Constitutional Law Question TORT LAW QUESTION: “The concept of duty [of care] has proved itself a somewhat blunt instrument for dividing claims which ought reasonably lead to recovery from claims which ought not’ Lord Bingham D v East Berkshire Community Health NHS Trust  UKHL 23, 49
To what extent do you agree with Lord Bingham’s view of the duty of care concept”;
PLEASE NOTE: it is a 2300 words essay and i would like it to be a 2:2 standard essay. i would appreciate if you follow the law referencing guide which is the
oscola referencing and the use of footnotes. i would also appreciate if you make use of legal resources like jourals articles and case.
Tort Law and Constitutional Law Question for Administrative Law Assessment
CONSTITUTION AND ADMINISTRATIVE LAW: ASSESSMENT QUESTION
You have managed to secure an internship at the Home Office during your summer vacation. A few weeks into your internship the minister responsible for your
department resigns following a scandal concerning his personal life. The prime minister appoints a new minister who has no experience of government and who
is not familiar with much of what your department is responsible for. You receive instructions from one of the minister’s assistants that she would like to
be briefed on human rights law, particularly as it relates to the deportation of terrorist suspects from the United Kingdom. The minister gets lots of
correspondence from her constituents expressing concern over the Human Rights Act 1998. Constituents frequently complain about what they perceive as the
government’s failure to keep the public safe through its inability to deport terrorist suspects to their countries of origin when concerns over torture are
raised. The minister is therefore aware that these are controversial and sensitive issues, but also that the UK must honour its obligations under
international human rights law.
You are therefore required to prepare a briefing paper for the minister and are given the following guidelines:
– It should be in language which can be understood by an educated person who does not have a background in law.
– It should be no more than 3,000 words so that it will not take too long for the minister to read.
– It may contain tables and other relevant graphics if necessary.
Tort Law and Constitutional Law Question Bibliography and Formatting
The use of sub-headings, bulletpoints and other helpful ways of dividing up the text is
encouraged. It should include a bibliography and footnotes using the OSCOLA system.
– As a minimum it needs to cover the following:
o A brief history of the ECHR and HRA and how they came about.
o The main rights protected by the ECHR through the HRA.
o The relevant duties imposed on public bodies by the HRA, i.e. how individuals can expect to be treated by public bodies.
o How citizens can complain to a court if they believe their human rights have been infringed (you should also include here how they may challenge
legislation under the HRA and how the court may/must respond under sections 3 and 4 of that Act).
o In relation to the deportation and torture issue: A brief explanation of any relevant ECHR Article(s), as well as how the Human Rights Act 1998 applies.
You should focus on the law relating to suspects who are fighting deportation because of fear of torture if they are sent to another country.
o Make reference to relevant statute and case law throughout.
N.B. You do NOT need to consider any specific provisions of immigration and asylum law. You should just focus on the ECHR, the HRA, and judicial review. Make
use of the OSCOLA REFERENCING GUIDE AND YOUR FOOTNOTES.