Colour-coded extremely thorough BPP 2022 Skills notes
All solutions, examples, past papers and chapter notes worked in
Tips on how to answer in red
Clear instructions
No need to read the chapter with these notes
Assessment Criteria
Summary of problem:
- Accurately and clearly summarise the problem.
Search terms
1. Identify relevant search terms for the problem.
2. List the search terms in approximate order of priority.
Issues/client objectives
- Identify the legal issues and likely client objective.
Record of research undertaken
1. Accurately and clearly record the process of the research undertaken.
2. Accurately record or summarise the material included.
3. Show the source of the material included.
4. Show preliminary and final conclusions being drawn.
5. Show use of both primary and secondary sources.
Result to supervisor/advice to client
1. Accurately record the correct outcome of the research.
2. Analyse and apply the law to the client’s facts.
3. Identify any additional practical matters e.g. practical steps for the client to take.
Method:
Stage 1 – Analyse the problem from a legal perspective:
- Look at the fact pattern to isolate the legal issues.
Think what the question is about and what the client wants.
- Summarise the problem to help focus the research.
Should include the questions asked.
- Identify material facts i.e. those that will make a difference to the answer.
- Think about the legal issues and the client’s objectives.
Think about how the facts of the case impact on the legal issues and vice versa.
Think about:
o What the client wants to achieve
o Whether the client is complaining about anything/objecting to something
o How the client might achieve their goal/solve their problem
o What the ideal solution is and any alternatives
o The potential obstacles/difficulties/costs
o Whether there are any risks/consequences to make the client aware of
o Whether you have considered all apparent variables
- Select the search terms to use, including their synonyms. List them in priority order.
One search term, at least, for every issue identified.
Can search terms together.
May need to be revised as you go but should not be those that could not have been identified from
the original question.
- Always think about the sanction for failure to do x… the client nearly always need to know this
All facts given in the exam are there for a reason or not there for a reason.
Stage 2 – Track down the info:
- Keep the fact that you are trying to achieve the client’s objectives/best possible outcome for the
client in mind as the true purpose of the research.
- Identify helpful secondary sources.
- Start with a secondary source and then use another to cross-check for each search term.
Don’t use a legal journal as either of the 2 secondary sources but they can be used to supplement
understanding/for background.
- Secondary source 1:
o Look up search terms. “term one” /s “term two” the /s means that both terms are in the same
sentence
1
, Advanced: cbDOCTITLE
On Lexis, end a word with ! and then any ending can be included e.g. “breach!” would include
breached, breaches, breaching etc
“(fraud OR scam)” you can search for both as they are synonyms
Little “i” will show the way to search on most websites
o Note the relevant law.
o List primary sources found.
o Update the source.
- Secondary source 2:
o Look up search terms.
o Note any new info found.
o List any new primary sources found.
o Update the source.
May be loose-leaf updated pages or supplements.
- Secondary sources:
o Halsbury’s Laws = Encyclopaedia
Read the surrounding paras
HL main volumes are updated via Cumulative Supplement (for the year) and Noter-Up (monthly
updates).
o Practitioner’s text
Check the library catalogue for the most current info
Examples in WB.
- Primary sources are for fine tuning the research e.g. to show support for the position you have found
or anything which may undermine it in the client’s favour. E.g. “we could draw on this case as it is
analogous to our clients situation in that…”
Locate primary sources and check that they are still good law.
Read and summarise/cite the relevant parts.
If appropriate, use case citators to find other relevant cases/check additional online links for
associated analysis.
Can include additional cases found through a case you have read – make sure to make clear where
you located and read the case.
They include:
o Legislation: Make sure to read the section of the statute
Lexis shown as amended
Find out more box also gives links to amends
Is it in force will show this
Westlaw shown as amended and Table of Contents shows amends, statutory annotations etc
HL is annotated versions of statutes in force
Index, main volume, cumulative supplement and Noter-Up
Is it in force will show this
o Case law:
Check all cases are still good law. Think whether they pre-date the legislation.
Look at symbols online. Symbols and meanings in WB pg 24.
Current Law Case Citator index of cases by party and gives full reference so a summary of the
case can be found in the relevant volume of the Current Year Book.
Recent cases in the table at the back of this year’s Monthly Digest.
Check for newer cases based on the one you are looking at “all cases citing” or “key cases
citing” on Westlaw or on Lexis
Decide how relevant the cases are, select the most relevant and read them in full – thinking
about what the client wants to achieve.
Then check electronic case citators in Lexis and Westlaw to see if the case has been cited in other
cases.
To decide the importance of the case consider:
The frequency it has been cited
The level of authority of the court
Set out case references in full
2
, Stage 3 – Communicate the solution: how does what I have found help the client answer their question
and achieve their objective…
- Make the advice/conclusion clear so it can make sense to others and in the form of a record card.
- Clear route to the info, summarise the result, apply the law to the client’s situation so the supervisor
can advise the client on their remedy.
Think about next steps/implications for the client.
- Apply to the facts considering:
1. What is likely to be held/to be the case based on the law I have found?
Is the client going to succeed? Based on the facts and application of the law found…
What should the other side do?
What does the client need to do?
Has the client relied on something?
What will the court consider in making a decision? Then apply these considerations based on the
facts of the client’s case that you have.
2. Can the law found be relied on by the client?
3. On what basis does the law found apply to the facts, set out the facts and why the law applies
based on them.
Think about what the client has lost and whether the law requires you to show any losses…
What action can the client take based on what the law supports they can take…
4. Do any of the cases apply specifically? Can set them out and then apply to the facts to comment
on whether they are similar or likely to be distinguished from the facts of the client’s case.
Make an argument/give the argument you propose our firm should make.
5. Do we need to know x in order to advise, if so what will be the case if x or, alternatively, what
would be the case if y…
6. Have the courts recently stressed… what is the implication of this on the client? What do they
need to show as a result and in order to achieve their objective?
7. Do we need x to happen and then y will be the result?
Make sure to really try on this bit.
“According to [CASE]… this is shown/established/evidence because [facts]. The result is that… so the
client can…”
“If x happens…[something contingent] the result for the client will be…”
Using what you have researched, you might be able to conclude: “The x by the client would be classed
an x and the implication would be…”
- If there are no clear conclusions, set out any matters which you can draw conclusions on and set out
additional info you need that might help you draw a clearer/further conclusion.
- Only directly relevant info included.
- List all sources used
Example record card in WB pg 34.
1440 words.
Plan:
1. Make list of material facts and things you want to know.
2. Decide on the summary of the problems and client issues/objectives.
3. Decide search terms.
4. Find the first secondary source and detail search track.
Note and present findings.
List cases with full citations + include summaries as given in the secondary source. Flag which ones
you think you should definitely read.
5. Find the second secondary source and detail search track.
Note and present findings.
List any additional cases.
6. Read cases and make summary of notes.
7. Check for citations of the cases you have read that could be relevant – read those relevant cases and
then make clear where you found the case.
8. Present into record card.
9. Cut down word count.
3
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ajh1234. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £12.49. You're not tied to anything after your purchase.
