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.
- 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 - 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? - Analysis of the decision
• Identify the ratio in the case, its outcome, the legal reasoning used by the judges to reach their decision, and
1/3/2021 Writers Hub – Freelance Writing
https://www.writershub.org/writer/orders/689099#instructions 5/7
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) - 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?