Describe how ECHR rights are incorporated into UK law

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TMA 02

Questions

Question 1

(a) Describe how ECHR rights are incorporated into UK law, and identify the aims of the relevant legislation.

(b) Describe the preliminary ruling procedure in the Court of Justice of the European Union, and explain the legal effects of preliminary rulings. (30 marks)

Question 2

Audrey recently inherited a substantial sum of money and decided to invest some of this money in a holiday home by the beach. The house is old and the decor is not to Audrey`s taste, so she uses the remainder of her inheritance to carry out some renovations. Audrey employs Darren, a plumber, to fit a new bathroom upstairs in the house. Whilst fitting the new bathroom Darren causes extensive damage to the house. The very expensive wallpaper by the stairs is scratched, a wooden floor in the hallway is badly scraped when Darren drags the bathtub across it, and a flood in the bathroom causes significant damage to the newly installed kitchen which is directly below the bathroom. It is quite clear that the damage, which amounts to £14,000, has been caused by Darren`s lack of care and skill, but he is not willing to compensate Audrey. Audrey decides to take legal action to recover £14,000 from Darren. Back in the city, Audrey is feeling quite sad about the damage that has been caused to her holiday home, the upcoming court case, and the fact that she has spent all of her inheritance. The weekend arrives and Audrey would like to have a few drinks and forget about her problems, but she only has £20 in her bank account until she is paid next week and needs to spend this on groceries. On her way home from the supermarket Audrey passes an exclusive wine merchant. She decides to go in and, unaware that she is being watched by the shop assistant, discreetly slips a bottle of red wine from the `under £30` selection in to her bag of groceries. The shop assistant calls the police. Audrey is arrested and charged with theft.

(a) Provide a plan setting out how you will address the problem-style question in part b.

(b) Explain which courts will hear the cases arising from Audrey`s action against Darren, and Audrey`s shoplifting. Briefly outline the procedure likely to be followed in each court, including stating which party has to prove the case, what the standard of proof is, and who the decision maker(s) will be. (50 marks)

Question 3

(a) Reflect on the process you used to prepare your answer to

Question 2, and explain three of the steps in that process.

(b) Explain which two steps in the process of preparing your answer to

Question 2 – these may, but need not, have been identified in part a – you found most difficult, and how you plan to approach those steps next time you write an answer to a problemstyle question. (20 marks)

Learning Outcomes

Knowledge and understanding l

Describe how ECHR rights are incorporated into UK law l

Describe and explain the legal effects of preliminary rulings in the Court of Justice of the European Union. l

Identify the court of first instance, and outline the procedures, for a civil and criminal case.

Describe how ECHR rights are incorporated into UK