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THE UNIVERSITY OF SUSSEX
M3406: PUBLIC LAW
Assessment Period: January 2024 (A1)
Duration: 24 hour Take-Away Paper
Candidates must attempt both parts of the question.
1)
The paper will be available from: 18th January 2024 at 09:30AM GMT.
2)
The deadline for submitting the exam is: 19th January 2024 at 09:30AM GMT.
3)
The exam is individual work, carried out upholding the values of academic integrity.
4)
The maximum word count is 1000 words (excluding footnotes).
5)
Submit a word or pdf version of the exam paper using the appropriate link on Canvas.
Please note that for a file to be accepted by Turnitin, your submission must be a
single file and must include at least 20 words of typed text. Further guidance about
Turnitin submissions can be found here:
https://student.sussex.ac.uk/assessment/submission/canvas-turnitin
6)
To ensure your anonymity in this assessment, please do not write your name anywhere in
the final submitted document.
7)
If you experience any IT problems when uploading your final submission, please contact IT
Services and provide a screenshot of the issue you have encountered using their online
help system at: https://www.sussex.ac.uk/its/help/
8)
LATE SUBMISSIONS ARE NOT PERMITTED FOR TAKE-AWAY PAPERS
M3406
Public Law
There was a protest in January 2023 by students and staff at the University of Camberwick,
against certain research being undertaken in the Medical Research Centre.
During the protests, which were largely peaceful, there were a small number of acts of vandalism
and one incident where a fake explosive was placed near the Medical Research Centre.
The local police were called, and investigated these incidents but so far they have not made any
arrests.
Meanwhile, the university council decides to monitor all staff and student emails, including those
sent from university email addresses and those sent on other addresses via university servers.
This applies regardless of whether the individual student or employee is suspected of involvement
or was involved in the protests. This is not announced to the students or staff at all, but is noted in
the minutes of a meeting of senior management as follows:
‘Council agrees to commence monitoring of all emails to identify anyone involved in
undesirable activities, per Regulation 101 of the University Regulations, until further
decision.’
Regulation 101 reads:
‘Monitoring of staff and student communications is permissible only in the event of a
reasonable suspicion that any student or employee is engaged in activities likely to
endanger the life or health of members of the university. The purpose of such monitoring
must be limited to preventing injury or serious damage to property.’
‘Any such action must be authorised personally by the Vice Chancellor of the University (not
delegated to any other officer). The Vice Chancellor must take advice from the Chief
Constable of Cambershire before authorising such action.’
The Vice Chancellor accepts that she authorised the action without consulting the Chief Constable
of Cambershire but states that she discussed the matter with the Deputy Chief Constable of a
neighbouring police force, who is a personal friend. There are no written records of that discussion
although the Deputy Chief Constable confirms in a written statement that he does remember
discussing the matter with the Vice Chancellor.
It subsequently emerges that three members of staff were identified through this monitoring as
encouraging students to complain to the university about the continuing research in the Medical
Research Centre. A note was placed on their Human Resources files saying that these staff
should be denied promotion because they were undertaking actions likely to harm the reputation of
the university.
[/Question continued over]
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M3406
Public Law
You are advising the University of Camberwick Students’ Union and Camberwick’s branch of the
University Workers Union.
They have heard about a recent case, R (on the application of HM) v Secretary of State for the
Home Department [2022], which they have sent you a link to, and they wish to know whether or
not it supports their application for judicial review.
HM, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 695
(Admin) (25 March 2022) (bailii.org)
Exam task:
1. Advise the two Unions on their claim for judicial review of the University of Camberwick,
including any possible grounds for judicial review, whether they have sufficient interest or
standing and whether the university is amenable to judicial review, with reference to
relevant case law.
2. How, if at all, would your answer differ if these events took place in a British overseas
dependent territory, which has been given a constitution by Order in Council. The Trumpton
(Constitution) Order in Council requires all Trumptonian public authorities to act in a manner
compatible with the rights set out in the European Convention on Human Rights.
END OF PAPER
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