Write a case note report for a UK law on Sutherland (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2020] UKSC 32, [2021] AC 427.

Assignment Question

Write a case note report for a UK law on Sutherland (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2020] UKSC 32, [2021] AC 427.

I. Introduction

Commencing a case note requires a meticulous approach to ensure a thorough analysis and interpretation of the legal nuances. This guide aims to provide a comprehensive framework for writing a compelling case note, delving into the structure, key components, and essential skills involved in the process.

II. Understanding the Case Note

A. Definition and Significance A case note serves as a written commentary and analysis of a legal case. Identifies facts, examines legal issues, and analyzes the court’s decision. Places the case in a broader legal and social context, addressing subsequent developments and impact. B. Importance Assessing the ability to understand cases and their legal implications. Evaluating the impact of the case within a specific legal area. Analyzing decisions in the context of academic opinion and fundamental legal principles. (Reference: Foster, Legal Writing Skills, 2019)


III. Case Note Preparation

A. De-construct to Re-construct Break down the case into essential components to comprehend its intricacies. Reconstruct the case by understanding its core elements and legal implications. B. Structural Elements Introduction Facts (this esction should be short and to the point with the main focus being the Legal Issus Judgment/Reasoning Impact, Critique, Discussion) Legal Issues Judgment/Reasoning Impact, Critique, Discussion Conclusion Table of Authorities + Bibliography (Reference: Foster, Legal Writing Skills, 2019) IV. Case Note Components A. Introduction Concisely introduces the main legal issue. Specifies the court that heard the case. Provides context within the broader legal, social, or political landscape. (Example: ‘In Guest v Guest (Guest), the Supreme Court set out the method for determining what remedy to award in response to a successful claim in proprietary estoppel…’) B. Facts Identifies and summarizes material facts. Maintains brevity while ensuring relevance. C. Legal Issues Presents the main legal issues or questions of law. Poses legal issues as questions for clarity. D. Judgment/Reasoning Analyzes how judges reached their decision. Explores precedent, statute, or policy considerations. Addresses dissenting judgments and varying opinions. (Reference: Foster, Legal Writing Skills, 2019) V. Analysis and Discussion A. Impact/Discussion Evaluates the judgment’s legal and social impact. Considers unanswered questions, potential vagueness, or room for improvement. Explores subsequent developments in legislation, policy, or later cases.

VI. Conclusion

A. Summarizes key points from the analysis and discussion. VII. Referencing A. Adheres to OSCOLA referencing guidelines. B. Footnotes are inserted at the end of references or sentences needing citation. C. Includes a table of primary sources (authorities) and a comprehensive bibliography. VIII. Crafting a Standout Case Note A. Demonstrates knowledge, understanding, and correct application of the law. B. Exhibits strong writing skills, including proper spelling, punctuation, and grammar. C. Ensures a well-organized presentation and structure. D. Maintains clarity and coherency throughout. E. Adheres to proper referencing, engaging with primary and secondary sources. F. Offers a depth of analysis beyond mere description. G. Demonstrates independent research and personal interpretation.

IX. Conclusion

In crafting a case note, attention to detail, clear organization, and a nuanced analysis are crucial. This guide equips you with the essential tools to navigate the intricacies of case note writing successfully. Remember, a well-crafted case note not only showcases your legal acumen but also contributes to the academic discourse within the legal field.