LLB PUBLIC LAW PROBLEM QUESTION GUIDANCE

PUBLIC LAW

PROBLEM QUESTION GUIDANCE

LLB (Hons) Programmes

This guidance is intended to be used by students when preparing answers to problem

questions for the tutorials, workshops and in the written assessment.

The guidance is relevant to answering problem questions on Articles 2 and 3 of the

ECHR and problem questions on judicial review.

Introduction to a problem question

Keep your introduction short– briefly identify who you are advising and what the overall
issue is that they require advice on.
For example: "This answer will advise Federico as to whether the decision of the Local
Authority to issue a compulsory purchase order in respect of his home is unlawful on
the grounds of illegality".
Main body
Deal with each issue in turn and follow ILAC: identify an ISSUE; set out the relevant
LAW; APPLY that law to the facts; and then CONCLUDE on that issue.
a) Identify an issue.
Make sure you set out what the issue is that you are dealing with and that as a
part of this you refer to the facts.
For example: "The Local Authority issued a compulsory purchase order in
respect of Federico's home which he is living in even though s 2 of the fictional
Act says that they can only do so in respect of property that is not occupied".
b) Set out the relevant law
Make sure you set out all of the relevant law to that particular issue – do not
be tempted to write everything you know about the area.
For example: "This could be an error of precedent fact. This is where a
decision maker comes to a decision without having objectively established
certain facts required by the statute before the power can be exercised. In
Khawaja, for example, the court held that an alleged illegal immigrant could
only be detained and removed if the immigration officer was satisfied entry
was in fact illegal”.
Apply the relevant law to the facts
Make sure to then apply the relevant law to the facts.
For example: "On these facts, s 2 of the fictional Act makes it clear the
decision maker can only issue a compulsory purchase order in respect of

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LLB PUBLIC LAW PROBLEM QUESTION GUIDANCE

property that is not occupied. If property is in fact occupied, the decision

maker cannot exercise the power in s 2 of the fictional Act. However, the
decision maker has issued a compulsory purchase order in respect of
Federico's home which he has been living in for the past two years. The
decision maker has not therefore satisfied the precedent fact in the fictional
Act. This is analogous to White v Collins wherein the decision maker issued a
compulsory purchase order in respect of parkland despite the relevant Act
setting out that such orders could only be made in respect of land that was not
parkland".
Come to a conclusion on that issue
Make sure that you do come to a conclusion in respect of each issue.
For example: “It is therefore probable that the decision maker has made an
error of precedent fact when issuing a compulsory purchase order in respect
of Federico’s home”.
Conclusion
Keep your final conclusion at the end brief.
For example: "On the basis that there are multiple potential grounds of illegality as set
out above, it is probable that the decision of the Local Authority will be quashed".

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