Description
What is a Legal Case Briefing?
In essence, a legal case briefing is where you are asked to give a briefing on a legal case.
For the purposes of this assignment brief, you are a trainee solicitor at the law firm Clyde & Clyde, London.
Your supervising solicitor, Valerie Adebisi, asks you to research the Supreme Court case of AM (Zimbabwe) (Appellant) v Secretary of State for the Home Department (Respondent) [2020] UKSC 17, [2021] AC 633 [as well as the law on medical treatment – Article 3 (ECHR) – deportation more generally] and prepare a Legal Case Briefing (Presentation) of 10 minutes (max) for your supervising solicitor and the Head of the Human Rights Division at Clyde & Clyde. The client is unable to attend. You have been asked to RECORD the presentation so that it can be added to the client’s file.
The client’s case (fictional):
TA, your client, is facing deportation to Zambia. TA has been living in the UK since 2010. She is married and has three children (aged 9, 7 and 3). All are British nationals. She is facing deportation following a number of criminal convictions. In 2018, TA was diagnosed with HIV and in 2020 she was diagnosed with paranoid schizophrenia. She argues that she should not be deported and separated from her family and that she will not receive the same level of treatment and care for both her physical and mental health if she is deported to Zambia. TA seeks the advice of Clyde & Clyde to challenge the deportation, especially on grounds concerning her worsening physical and mental health.Facts of the case
Briefly introduce the facts of the case. ‘The case of X concerns the law on X. Briefly the facts are that…’
This might include, briefly, the procedural history of the case.
Keep this section brief. Lawyers are more interested in the legal issues and reasoning of the case/court [See next step.]
Don’t forget to provide pinpoint references to the case in this section.
Legal issues in the case
Outline and explain the legal issues in the case. What legal issue/question was the Supreme Court asked to consider.
Don’t forget to provide pinpoint references to the case in this section.
Reasoning of the court in deciding the case
Explain the reasoning of the Supreme Court. On what basis was the case decided?
Demonstrate your understanding of the law
Don’t forget to provide pinpoint references to the case in this section.
Application: Apply the law to your client’s case
This is the most important section! Really focus on this element if you want to aim for higher marks.
In relation to the client’s case, what can be learned from the reasoning of this case?
What elements of this case support/weaken your client’s case?
Outline your recommendations for the next steps in preparing the client’s case.
Advocate on behalf of the client. [Your recommendation/arguments must be appropriate, correct and convincing.]
Conclusion and Table of Authorities
Once you have finished conclude, and thank everyone for listening.
Share your Table of Authorities and explain the sources you have used and engaged with, and why.
Explain that you are happy to be of assistance as the case progresses.
Evaluative Judgement (the reflection element) [to be included in the 10 minute duration]
As would happen in a trainee solicitor situation, you ‘stay online’ to have a debrief with your supervising solicitor where she asks you to respond to the following questions.
Speaking honestly, how did you find that experience?
Speaking honestly, how well do you think you performed?
What did you do well? What could you improve on? (e.g. your depth of research, your application of the law, your presentation skills, your PP presentation, your referencing)
What prevented you/helped you to do your best work at this time? Be honest, reflective.
Referencing requirements
Ensure accurate OSCOLA referencing to the judgment throughout the entire PP presentation. Markers will expect references on all slides. Show your sources, show your scholarly skills.
Each slide should reference the key legal sources you use (e.g. the judgment, legislation, other cases as relevant etc.)
The Table of Authorities slide should include all of the sources utilised.
You will be marked down for a lack of referencing.
Unformatted Attachment Preview
Case Briefing
Your Name:
Date:
Facts of the Case
AM (Zimbabwe) (Appellant) v Secretary of State for the Home Department
(Respondent) [2020] UKSC 17, [2020] 2 WLR 1152, [5].
Legal Issue/s
Add source/s
Reasoning of the Court
Add source/s
Application/Recommendations
Add source/s
Table of Authorities/Bibliography
Primary Sources
Bibliography
Evaluative
Judgement
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