Brooks v Commissioner of Police for the Metropolis

write your case commentary on:
• Brooks v Commissioner of Police for the Metropolis [2005] UKHL 24
The case commentary MUST have the following subheadings ):
Please do not use headings other than these 4 headings.

  1. Summary of key facts
    • Identify what happened and who was involved – you need to focus on the facts that were key in leading to the
    claim being brought
    • This should not be too long – 4- 5 sentences maximum – as the emphasis here is on ‘key’ facts; your ability to
    be succinct and to the point here is essential
  2. The point(s) of law
    Identify the point(s) of law:
    • Identify the question(s) of law the court was required to answer
    • Consider what the central legal issue is that the court has to address. Are there secondary legal issues as well?
  3. Analysis of the decision
    • Identify the ratio in the case, its outcome, the legal reasoning used by the judges to reach their decision, and
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    why any alternative outcomes were rejected by the judges
    • Discuss any relevant obiter dicta
    • Sometimes there may be only one judgment. However, if there is more than one judgment, you may like to
    compare and contrast the reasoning in different judgments
    • identify whether the individual judgment/opinion falls into one of
    the following categories: Majority, Minority, Leading or Dissenting judgment/opinion
    • If there is a dissenting judgment, you may like to summarise it and use it to analyse/criticise the majority
    judgment(s)
  4. Social policy and political context
    • Identify the implications of the case. This section requires you to think beyond the doctrinal legal arguments in
    the case itself. Questions and issues you might like to consider include:
    -Who benefits from the decision and who might not do so?
    -Identify any historical, political or sociological observations about the decision which might help explain why
    the case might have been heard at a particular time and might help explain the outcome
    Writing
    -Who the judges were (so that the decision can be placed in relation to the seniority and authority of the judge)
  • The court (so that it can be located in the hierarchy of the courts) and structure
  • How does this case impact the overall area of law in which it is located? o How does it relate to the wider
    concepts and doctrines of law?
  • Does it leave questions unanswered or create vagueness?
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