It has been said of the three-stage Caparo test that it ‘does not provide an easy answer to all our problems, but only a set of blunt tools…’ Customs and Excise Commissioners v Barclays Bank plc [2006] All ER (D) 215 (Jun) [71] (Walker LJ) Discuss the extent to which you agree with this statement, using evidence from case law and other reliable sources to support your argument.
1. You shouldn’t write more than 875 words (not including Headlines)
2. Aim to use at least 6 Cases (4 or 5 of them mentioned in Discussion 13) because the leader expects us to use the cases we had in the project, but obviously, if you find more, that will be better.
3. Reference at least 2 different 6 Textbooks.
Answering Brief Q:
• Require you to analyse the law and present your argument or ‘thesis’
• You must take a position and simply present all the possible arguments
• You need an introduction, paragraphs which set out your argument and a conclusion
• You should use primary sources (statute and case law) and academic commentary (such as journal articles and textbooks), as well as reliable statistics/government reports
Structuring the Brief:
• Introduction: where you set out your argument, define key terms and tell the reader what you will discuss
• Middle section – paragraphs that each make a particular point and support your argument, points need to be backed up by evidence
• Conclusion – where you sum up what you have argued.