University of Essex

_______________________________________________________
School of Law
Guide to writing
undergraduate essays
THIS IS IMPORTANT READ AND
USE!
Introduction
At Oxford, I studied mathematics. No need for words there. The
tools I used then were numbers, letters and symbols. They were
lifeless things without meaning or sound the necessary tools of the
scientist but not of the lawyer. But when I was called to the Bar, I
had to become profcient with words . . . I had to practise continually.
As a pianist practises the piano, so the lawyer should practise the use
of words, both in writing and by word of mouth.
Lord Denning
Our clients are entitled to assume we know the law so they tend to
judge the quality of our legal advice as much through presentation
and efciency as through objective assessment of whether it is right
or commercial. This means that every document and every letter
must be perfect. Even minor mistakes will compromise our
professionalism a missing word here or a superfuous comma there
can change the entire meaning of a clause.
Freshfelds Graduate Recruitment website
This guide is to enable undergraduate students of law to present their essays
according to the conventions of legal academic writing and to the requirements
of the teaching staf of the School of Law. We suppose that most frst-year
students will not be familiar with the conventions of legal academic writing and
that international students may need guidance in the use of English in the law.
All students, however, are expected to write legal academic English and to
conform to this Guide in their written work.
Do not think that we are just being pedantic in expecting you to learn and
observe the conventions of legal academic writing; it is a necessary part of
learning and applying lawerly skills, especially those of paying attention to detail
and closely following instructions. It is vital that you develop your writing skills
to a high level because employers tell us all the time that the standard of written
presentation of letters of application and CVs is low. They say that letters and
CVs which are not properly presented and have errors of English go in the bin.
2
In many areas of writing, precision in expression is vital; academic journals (not
just legal ones) have very detailed style guides which must be adhered to
precisely. A director at the College of Law recently said that correct and accurate
use of English is crucial since competition for places of further study and for jobs
is more intense than ever before, and using English correctly marks out good
students or candidates and so enhances their chances of success. The extract
from Freshfelds website is typical of what all employers require in this regard
perfection.
We require you to follow the conventions set out in this guide. You
must learn the conventions to be followed in basic matters such as how to set out
your essay, how to write footnotes, how properly to cite cases and statutes, and
how to use quotations. Also, each year a number of essays display a variety of
errors in writing and presentation. Not all essays show the same errors and some
show very few; but certain errors appear repeatedly or are very marked. In
addition to setting out our requirements for essay writing our house style -
using this guide will encourage good writing practice and help you to avoid
errors. If you develop good habits at an early stage, your subsequent
performance in your course and your prospects for your future will be enhanced.
In any job of graduate level, you will be expected to write emails, letters, reports
and so on, and you will be judged by how well you write such things. Poor use
of English will get you noticed for the wrong reasons.
A lawyer should be able, amongst other things, to communicate efectively
and persuasively. Language is the tool of the job, and that job cannot be done
properly if the tool is not used correctly. It is hard to be efective and persuasive
if the use of English is weak. Few of us can avoid the occasional grammatical slip
or some infelicity of expression, but every efort should be made to avoid errors
which are so marked that they distract the reader or cause doubt as to meaning.
It is notable that in certain recent case reports judges have remarked that not only
is the drafting style of documents poor but mistakes and ambiguities in drafting
actually give rise to litigation. One of our aims is to produce graduates from this
School of Law who can write well.
One of the other aims of a law degree course is to learn to think like a
lawyer. That aim is more likely to be fulflled if, from the outset, you adopt the
conventions of legal academic expression. Thinking like a lawyer needs to be
accompanied by communicating like a lawyer (where you are communicating
with other lawyers, that is). The lawyer is not composing literature; the style of
3
expression should be clear, objective, detached and concise. Thinking like a
lawyer also means learning and using certain methods of analysis and
exposition. The Schools ALPS course (LW105) for frst years is not something
distinct from other courses but what is taught there should be applied in all other
courses, and not only in your frst years but in subsequent years. Adoption of
the conventions of legal academic expression is necessary and also shows
commitment to and interest in the degree course you have chosen to follow.
There is, of course, room for individuality within the conventions.
Not all of you intend to become lawyers but the skills, including writing
skills, you will learn as a law undergraduate are highly valued in any job. They
are, to use the jargon, transferable skills.
It ought to be the case that those marking essays should be able to concentrate
on the content and not be distracted by weaknesses in style and grammar.
A. WHA !"U SH"UL# #"
$. %asic re&uire'ents of (resentation
do not write out the question
text must be double spaced
margins must be wide enough for comments
font size must not be less than 12 point
footnote numbers should be placed after punctuation
footnotes must be placed at the foot of the page
pages must be numbered at the top right-hand corner (assuming you
are printing on one side only of the paper)
it is a convention to start the frst line of the opening paragraph
justifed up to the left edge, and for the frst line of all subsequent
paragraphs to be indented. You can see this done in the Introduction
to this Guide.
citations, references and quotations, and bibliographies must be
written as set out in this guide
dates must be given according to British English convention,
i.e. 1 January 2004 (the reverse usage, January 1, is American)
4
page references must be given in full,
e.g. 234-238, not 234-8
numbers up to ninety-nine, except statute sections, must be in words,
not numerals
e.g. two years, all three parties, ffty-two sections (percentages are,
however, written thus: 25 per cent)
read the rubric (the instructions) carefully and follow the
requirements. This may sound obvious but it is very common for
students in essays (and examinations) to fail to follow the rubric
(especially, in examinations, to fail to answer both parts of a two-part
question: in a fnal year examination this year, this mistake caused a
candidate to get a 2:2 instead of a 2:1). If it says, for example, include
a bibliography, it is unimpressive to fail to do so. Check if there are
mark penalties for failing to follow the rubric.
). Sources of 'aterial for your essay
Be guided by the lecture synopsis, including the reading references given
there, and your notes taken in lectures and tutorials as to the area of study
(but do not cite your notes in footnotes or mention them in a bibliography).
You should, however, supplement these with your own further reading from
the sources. Lawyers talk of primary and secondary sources.
Primary sources are statutes, cases and ofcial reports (such as Law
Commission reports).
Secondary sources are textbooks and articles in legal academic journals such
as The Conveyancer and Property Lawyer. Secondary sources are the result of
research by academics such as the members of staf of this School. In the law,
research does not mean what it means in science where discoveries are made;
rather, it means exposition and analysis of, and commentary on the primary
sources. In all areas of law, there are one or two leading textbooks which are
of such high authority that the exposition in them of the law may be used by
judges in their eforts to state what the law is. Comment and analysis in other
textbooks and in articles in the journals provoke critical evaluation of the law.
Your bibliography, where one is required, should list those secondary sources
you have used (but not statutes and cases see $* below). Do not overlook
reference works such as Halsburys Laws.
+. Essay structure
5
Plan the essay so that it has a beginning, a middle and an end.
The beginning should be a short introduction which identifes in broad
terms the legal issues raised by the question. A single paragraph may be
enough.
In the case of a problem question, the middle or body of the essay identifes
and addresses points intended to be raised by the particular facts. The set
methodology is:
(i) identify the legal issues raised by the facts
(ii) state what law applies to those points (the law may be case law, or
statute, or a mixture of the two, and may also involve reference to
leading textbooks and articles)
(iii) apply the law to the points
The third part of the methodology - application - frequently makes the
diference between a mediocre essay (or examination answer) and one of
upper second quality. Anyone can learn the law - that is not enough. It is the
ability to use the law, to apply it, which matters. Application means using the
relevant law to answer a question, to solve a problem. It may be (but not
always) that the question deliberately omits certain information which would
be needed fully to answer a point. It is expected that students realize this and
ofer alternative solutions according to whether the complete facts would
point to one or another.
Such is the methodology used by judges in giving their judgments, as any
reading of a case report will show. The judges state the facts of the case (the
equivalent of the problem question). They then state the relevant law and
apply that law to the facts. They come to a judgment accordingly.
In the case of essay questions which are not problem questions, the middle
of the essay should identify the particular points arising and say how the law
deals with those points by reference to what judges and commentators say
about them. It is likely that there is some element of debate or controversy on
a point, and that debate or controversy should be mentioned.
6
The end or conclusion of an essay sets out the essence of what has been
said and draws together the points made. You may also add your own
comment on the issues but only if based upon arguments given in the body.
The conclusion may be quite short.
In the body of your essay, use paragraphs. These should be used to make
a point. Try to link paragraphs together.
An essay question may consist of two or more parts or sections. You will
then need to adapt the basic structure indicated above to such an essay. You
should write an overall introduction, answer the several parts, and fnish with
a conclusion. Note that not all parts may need the same amount of attention.
There is no objection to setting out your essay according to the sections of the
question, and this may be the obvious and logical way to proceed. Thus,
where a question has, say, six parts (a) to (f), your essay may be set out in the
same way as opposed to being a continuous narrative. Where a question has
two parts, you have to make a judgment as to how much space to devote to
each part; do not assume that both parts deserve equal attention.
It is most important to remember never to make any statement which is
not supported with authority. Every statement or assertion must be
accompanied by a reference to a statute, a judges judgment, a
commentators article or to a leading textbook, but not to lecture or tutorial
notes (as students sometimes have done). (See $$ below.)
,. -ase na'es
Case names must be written in italics when work is word processed. This
includes case names given in footnotes as well as in the text of the essay. Do
not underline case names or set them in bold.
The Oxford Guide to Style recommends the frst example shown below
which uses italics for the actual names but with the v (for versus) written in
roman and without a point (full stop). Diferent legal publishers have their
own preferred styles, examples of which are given. Any is acceptable the
important point is to be consistent.
Parker v British Airways Board
7
Parker v. British Airways Board
Parker v British Airways Board
.. -ase citations
There is no place for individuality in this follow the conventions, otherwise
the citation does not do its job which is to make it easy to fnd the case. Just
as it is vital to be precise with website addresses, so it is with citations. A
marker should be able to check a reference immediately.
Give the full name of the case in the text, and put the citation as a
footnote at the frst mention of the case the citation is not necessary
after the frst mention.
Do not split the reference by putting the year after the case name and
the rest of the citation in the footnote.
After the frst mention of a leading case, it may be referred to by its
commonly accepted short form, e.g. Parker.
In citations, it is now usual to dispense with points (full stops),
e.g. [1982] QB 1004.
When quoting from a case, give the citation in a footnote with the
page number, or paragraph number in neutral citations, after a
comma, e.g.
[1982] QB 1004, at 1010
[2003] EWCA Civ 401, at [18]
(Some publishers omit the at it is a matter of preference,
though The Oxford Guide to Style recommends its omission.)
It is not sufcient, when quoting from a judgment, to give only the case
citation. You must pinpoint the precise location in the judgment of the
quotation by giving the page or paragraph as shown.
When quoting from a judgment, the judges name may be given in the text,
e.g. As Donaldson LJ said, . . . , with a footnote as mentioned. Alternatively,
the quotation may be given in the text with a footnote reference thus:
8
[1982] QB 1004, at 1010 per Donaldson LJ
Do not, as a rule, cite case references from electronic databases such as
Westlaw where a law report for that case is available. Database reports are
not always accurate; they should only be used when the case is so recent that
a law report is not yet available.
/. 0eferences to statutes
The frst mention of a statute should give the name in full, e.g. Law of
Property Act 1925. The defnite article is not part of the name and should not
be capitalized: write,
the Law of Property Act 1925
not The Law of Property Act 1925
After the frst mention of an Act which is well known and which is referred to
several times in your essay, its name can be abbreviated, e.g. LPA 1925, or,
where there is no other by the same name, without the year, e.g. TLATA
(which is sometimes seen as TOLATA: both are acceptable just be
consistent).
Do not underline or set in bold the names of statutes or put them in italics.
Do not give any book reference for a statute: some students cite, e.g. Law of
Property Act 1925, s 53(1)(b) and then give a footnote reference for a statute
book. This is wrong. Statutes do not have such references.
When referring to sections, abbreviate section to s and sections to ss. The
Oxford Guide to Style suggests no point after the s. When the word section
starts a sentence, write it in full (with a capital letter S, of course),
e.g. Section 5 of the Act says . . .
Write the word section when it is not followed by the number, e.g. . . . but
this section has been held . . .
Section numbers, subsections and paragraph letters should be set out
according to convention, which is, a space after s but no spaces after,
9
e.g. s 53(1)(b)
There are two ways of referring to a statutory provision:
Law of Property Act 1925, s. 53(1)(b)
s 53(1)(b) of the Law of Property Act 1925
either is normal, but be precise. Note the comma after the name of the Act in
the frst way.
1. 0eferences to text2oo3s and articles
As with cases, there are conventions for setting out these. In the frst place,
avoid blatant inaccuracies; e.g. a student has been known to make reference to
the fourth edition of Mark Thompsons Modern Land Law when the current
edition is the second! Such carelessness is unacceptable.
The method recommended by The Oxford Guide to Style for giving full
textbook references is as follows:
to give the authors name, in roman, as it appears on the title page
of the book, and followed by a comma
the title in italics and followed by a comma
the edition
in parentheses, the place of publication, a colon, the publisher, a
comma, and the year
e.g. Mark P Thompson, Modern Land Law, 2
nd
edn. (New York: Oxford
University Press, 2002)
(Remember to cancel the I icon on the toolbar before typing the comma
which follows the title.) In footnotes, however, the part in parentheses is
omitted: Mark P Thompson, Modern Land Law, 2
nd
edn. Then put the page
number.
After the frst mention, use an intelligible abbreviation, e.g. Thompson.
Clearly, if more than one work by the same writer is used, you must include
the work, e.g. Thompson, Modern Land Law. When quoting from a book, you
10
must give the page number after the reference, whether frst or later, e.g.
Thompson, p 86. The trend now is to repeat a reference this way, and to avoid
op. cit., ibid. and the like.
However, a textbook reference should be set out in a bibliography with the
authors or authors frst names after their surnames thus:
Thompson, Mark P, [and the rest as above]
Gray, Kevin, and Gray, Susan Francis, Elements of Land Law, 4
th
edn.
(New York: Oxford University Press, 2004)
When setting out your bibliography, the full reference as recommended by
The Oxford Guide to Style must be given see $* below.
References for articles start similarly, then with the title of the article in
italics followed by the journal reference:
M. Haley, Licences of Commercial Premises: a return to Form? [2002]
J.B.L. 310
Take the trouble to know the meaning and correct usage of reference terms
such as ibid., op. cit., loc. cit., ante and supra. Note that overuse of these
tends to suggest immature and spurious academicism. (In fact, the journal
Modern Law Review, in its style guide for contributors, requires the use of
equivalent English terms rather than Latin ones, i.e. above, not supra, below,
not infra.)
4. It is a convention in legal writing to have one 5e6 in 57udg'ent6.
A judgment is a decision of the court. A judgement is a moral or comparative
evaluation, and so is personal. Judges give the judgment of the court; they do
not ofer a personal judgement of the case.
8. 9uotations and :ara(hrasing
Remember that when you quote, you must quote exactly. Short quotations
are set in single quotation marks and are run on in the text, e.g.
11
. . . but Herle J retorted that the judges would not undo the law for a
cartload of hay.
Longer quotations should be displayed by being indented, two spaces below
and with the font size one point less than the text. No quotation marks are
used. E.g.
Lord Birkenhead, who piloted the earlier legislation through Parliament,
described its policy in the following terms. He said:
Its general principle is to assimilate the law of real and personal estate and to
free the purchaser from the obligation to enquire into the title of him from
whom he purchases, any more than he would have to do if he were buying a
share or a parcel of stock.
He sought to achieve what was probably an unattainable goal . . .
Of course, any quotation must be footnoted giving the source. If, in part of a
quotation, you have to deviate from the original, put that part in square
brackets, e.g. [Parliament] is therefore taken to withhold . . . where the
original said it and not Parliament.
Paraphrasing means putting someones ideas in your own words. So,
instead of an actual quotation from a book or article by, say, Mark Thompson,
you write, As Thompson argues . . . and say what Thompson argues in your
own words. You will probably stick closely to Thompsons own words, and
you must still cite the book and page or the article in the prescribed way.
$*. %i2liogra(hies
Rubrics often require that you give a bibliography. This is to show what
research you have done for your answer. You should refer to more than one
major textbook, and, perhaps, to articles.
Do not:
give the names of cases or of statutes or of statute books in your
bibliography; it should be clear from the essay to what extent you
have referred to cases and statutes.
12
cite Nutcase, Nutshell books and the like these are not academic
research material
A bibliography should set out the full reference for a book, but unlike the
reference in a footnote, the authors surname is given frst, followed by a
comma and the forenames and/or initials according to how the authors
name appears on the title page book of the book. The order should be
alphabetical according to surname, e.g.
Sparkes, Peter, A New Land Law, 2
nd
edn. (Portland, OR: 2003)
Thompson, Mark P, Modern Land Law, 2
nd
edn. (New York: Oxford
University Press, 2002)
If there are two authors, give their names in order as they appear on the title
page of the book, e.g.
MacKenzie, Judith-Anne, and Phillips, Mary, Textbook on Land Law, (New
York: Oxford University Press, 2004)
When you have typed the title in italics, remember, as mentioned above, to
cancel the I icon on the toolbar before you type the comma which follows the
title.

Divide the bibliography into parts with subheadings for textbooks,
articles, and reference works (such as Halsburys Laws).
$$. Su((ort every state'ent with authority
This is fundamental to legal thinking. A statement unsupported by authority
is nothing more than a personal opinion, and a personal opinion simpliciter
has no value and no place in legal writing. A personal opinion is not the same
as the reasoned opinion of a person, a cogent argument, developed from due
consideration of the stated authorities. It would, for example, be insufcient
to say (as was said in one essay) of an issue, the law in this area is
inconsistent; that may be true and it may generally be known to be true; but
the truth of the statement must be demonstrated by citing contrasting cases
which reveal the inconsistency. It is only in this way that markers of essays
(and examination scripts) can see that you know and understand the law.
13
Authority may, of course, according to the context, be from case law, statute,
and from a leading article or textbook.
$). Use exa'(les fro' cases; not fro' i'agination
Sometimes, students illustrate their answers with imaginary examples. For
instance, in an essay on Fixtures and Fittings, past students have mentioned
items they have thought of, whereas only items the subject of a case must be
used. Only take examples from actual cases and give the correct citation.
$+. 0eading through your wor3
After writing an essay, wait a day or two, and then read it through as though
it were someone elses that you were reading critically. This should help to
avoid many errors. There are provisions for others to help by reading
through your work though this must be acknowledged in the prescribed way.
$,. Hand in your wor3 in ti'e
Why lose marks unnecessarily? There is now zero tolerance of late
submission of assessed work. So, the result of late submission can mean no
mark at all instead of a good mark.
%. WHA !"U SH"UL# NOT #"

$. !ou should not the use the first (erson
Legal academic writing should be detached and objective. Judges, of course,
do use the frst person in their judgments, but they generally preserve the
necessary detachment and objectivity, avoiding tending to emotion. (For a
dryly amusing anecdote, see Re Baden (No2) [1973] 1 Ch 9 at 18 per Sachs LJ.)
The judge is giving a speech which is then written up; also, use by judges of
the frst person helps to distinguish their speeches from those of their
brethren.
14
The use of the frst person is not the accepted convention in legal academic
writing. (You may see exceptions but these are not models to be followed.)
Do not write, I think or to my mind or I would argue. It is no better to
write, in this writers opinion. Find a diferent construction such as, It
follows that . . . .
Students sometimes ask for guidance on how to avoid using the frst
person in writing essays. Text books and articles in journals (and, for that
matter, newspaper articles) are written in the third person.
The best way of learning how to avoid the frst person is to follow the
examples to be found in the text books and articles. Two examples taken at
random from Modern Land Law by Mark P Thompson may help. At page 181
in the second edition, there is a section headed, Acts by the Vendor. The frst
sentence of this section says that a certain argument has been put, and a
reference is given for the source of that argument (footnote 123). The second
and third sentences expound that argument. The fourth sentence begins, It is
suggested that this view . . . In this way, Thompson avoids saying, I think
that this view . . . He goes on to state his view. Note that a further sentence
begins, It is thought that . . .
These are obvious ways of avoiding the frst person. A more subtle way is
used on page 135. In the section headed, Miscellaneous Rights, Thompson
lists some very old rights. He then writes, This collection of somewhat
arcane and archaic rights is ripe for abolition. He avoids writing, I think this
collection of . . . In this sentence, Thompson expresses his opinion in an
indirect way: thus, he uses a qualifer, somewhat (though that had better
been avoided), and he uses two adjectives, arcane and archaic. Finally, he
makes an assertion: that this collection is ripe for abolition. This assertion,
however, is followed by comment supported with authority; the paragraph
goes on to set the assertion in the context of the ECHR and the Land
Registration Act 2002.
). #o not address the reader
Never address the reader, e.g. . . . but you cannot be sure that . . .
15
+. Avoid using a co''a when there should 2e a se'i<colon or a co''a
and a con7unction
This is a very common error but there is no excuse for it. For example, This is
normally the case, however there can be . . . . Clauses in compound sentences
should be separated by a comma and a conjunction, or by a semi-colon, e.g.
This is normally the case; however, there can be . . .
or
This is normally the case, but there can be . . .
Note also that such words as however, nevertheless, and accordingly
should be followed by a comma.
,. Avoid starting a sentence and then failing to give it a 'ain clause
e.g. Although there is only very old authority for the proposition that cases
involving such a duty should be treated as giving rise to a trust.
Clearly, trust should be followed by a comma and a further clause, the main
clause of the sentence, otherwise what is written is both ungrammatical and
nonsense. This error suggests a failure to read through and check the text
(see para.$+ above).
.. #o not 'ix tenses
e.g. his lordship said followed soon after by his lordship says be
consistent
/. Avoid 'ixing nu'2er
e.g. object was considered to be fxtures or one of the tests that are carried
out are. Hopefully, it is clear why these are incorrect!
1. Avoiding &ualifiers
16
This is a matter of judgment. Do not write, this case is rather important: it is
or it is not! But you can write, in rather similar vein, Eveleigh LJ said.
Words such as rather and fairly can tend to imprecision of thought in a
legal context; use them judiciously and sparingly.
4. Avoid contractions

It is still not acceptable in legal academic writing to write, dont, wasnt,
isnt and suchlike. Use the full form, do not, was not and is not.
8. #o not (lagiarise
Plagiarism is the presentation of the writing of others without
acknowledgement, so that it appears to be your own work. A paragraph and
even a couple of lines copied from a textbook without acknowledgement is
plagiarism and you will be subject to academic discipline as a result.
Downloading and cutting and pasting material from the internet is also
plagiarism. Plagiarism is dishonest. It is cheating.
This is a serious academic ofence which may have grave consequences. Do
not think it will not be spotted it will! Do not do it!
Also, for those students who intend to be solicitors or barristers, we have to
notify the Law Society or the Bar Council (as the case may be) of any
academic ofence committed by an applicant. So plagiarism could
prejudice your career prospects.
-. H0EE "HE0 :"I=S
$. he (ro2le' of the (ersonal (ronoun
Unlike most languages, English does not use masculine and feminine genders
grammatically as, for example, in French (le bureau, la porte), and English has
no way of avoiding a gender-specifc possessive personal pronoun. It has
17
always been the convention to use a masculine pronoun which includes the
feminine where the context allows, e.g. every judge has to be mindful of his
duty in this regard. Other languages may use similar constructions, but in
the U.S.A. and Britain, there is an opinion that this is sexist, though such an
opinion seems not to be widespread elsewhere. (For example, Russian uses
the same construction as English but the idea that this was sexist was never
current in the Soviet Union.) This Anglo-American opinion arguably fails to
recognize that the use of his in such a context is purely grammatical rather
than exclusive of the female gender. There may be an alternative construction
which avoids the use of the masculine such as using the plural, e.g. judges
have to be mindful of their duty in this regard. Other eforts, however, do
violence to grammar: there is a tendency to use the plural pronoun where the
singular should be found, e.g. every judge has to be mindful of their duty in
this regard, but this, whilst commonly to be found and in some places
recommended, is clearly ungrammatical. Leading reference works try to stay
neutral but concede that no satisfactory alternative to the traditional
convention has been found. Until some acceptable alternative form is found,
the standard convention of using a masculine personal pronoun can be used.
This may, however, be anathema to some. Whatever you do, at least be
consistent, and do not mix pronouns thus: they closely followed by he, and
do not write he/she which becomes tiresome.
). Su27ective and "27ective tests
In some essays, there has been confusion about what these tests are. A legal
test is used to determine the meaning of something. The test is said to be
subjective when that something is looked at from the point of view of the
parties, for example, where it is said that a document called a licence (as
opposed to a lease) must be a licence because that is what the parties called it.
The test is objective when the matter is considered by the court without
regard for the view of the parties, as where, following the example given, the
court determines that the document is a lease because the court fnds that, in
law, that is what it is despite the label licence having been put upon it by the
parties. The objective test was described by one judge thus: if the parties
have a dog, it is a dog, and the parties cannot turn it into a cat by calling it
one.
+. Style
18
Individual style, as opposed to style conventions as set out above, is a difcult
matter. There is room for individuality but not for eccentricity. Law is a
technical subject with its own terminology or jargon, just as, say, science
subjects have theirs. To get a feel for style, read articles and judgments and
see how authors and judges write (though not all judges write well!).
Your prose style should not be afected; do not use obscure and complex
words or make it consciously legalistic. On the other hand, it should not be
so informal that it seems casual. Use straightforward language which clearly
and concisely conveys your meaning. If you have ever read David Copperfeld
by Charles Dickens, you will remember that Mr. Micawber loved using high-
fown language and so is a fgure of fun. There is much to be said now for
using Old English words where Latin- or French-based words would formerly
have been used. There is no reason, for example, why, where appropriate, we
should not use end rather than terminate, use rather than employ.
Here are some tips:
do not make sentences too long
do not make paragraphs too long
avoid wafe and padding
avoid colloquialisms
avoid tiresome lead-ins, e.g. It is interesting to note that . . , It
may perhaps be said that . . ., and the like
avoid legalistic verbiage such as aforementioned, aforesaid
#. 0ES"U0-ES
he following reference wor3s are reco''ended>
Burchfeld, R. W. (ed.), The New Fowlers Modern English Usage, 3
rd
edn. (Oxford:
Oxford University Press, 1998)
MHRA Style Guide (London: Modern Humanities Research Association, 2002)
available free of charge online at www.mhra.org.uk
Pearsall, Judy (ed.), Concise Oxford Dictionary, 10
th
revised edn. (New York:
Oxford University Press, 2002) this includes the very useful Appendix 8: Guide to
good English
Ritter, R. M. (ed.), The Oxford Guide to Style (Oxford: Oxford University Press,
2002) includes a special section on legal style
http://www.oup.com/uk/orc/bin/9780199570638/pearceetal_ch11.p!
19
http://www.mona"h.eu.au/ll"/llonline/ine#.#ml
http://www.e""e#.ac.uk/m$"kill"/"kill"/!eeback/!eeback.a"p
E. A ?I=AL :"I=
When you have written an essay, ask yourself two questions:
if I were in a law frm, on a placement or in a training contract, or in any
other job, is this piece of work of a standard that I would be happy and
confdent to put in front of my boss or a client?
is this the best that I can do?
?. W"0@E# EAAB:LE
What follows is the Land Law assessed essay question that was set in the Spring
Term 2005 and suggested answer to demonstrate what we expect. t is not held
out as a perfect answer !though it is pretty good"# $ut rather as a guide to style
and presentation.
The question%
&nswer $oth parts
'. (arold) an and *oseph) three wealthy law students) $ought a house
together in Septem$er 2002) with the intention that they should li+e there
until they had completed their studies. They made equal contri$utions to
the purchase price) and the house was con+eyed into their ,oint names)
with no express pro+ision as to $eneficial ownership. -or some time they
li+ed happily together) $ut in *une 200. (arold left the house after failing
his first year examinations. (e ne+er returned) and in Septem$er 200.
/enneth) another student) arri+ed at the house) producing documents to
show that (arold had sold him his share in the property.
an too0 an instant disli0e to /enneth) and the situation in the house
rapidly deteriorated. an decided to mo+e out) and as0ed *oseph and
/enneth if they wanted to $uy his share in the house. They $oth said that
they would do so) and the three agreed that they would sort out the final
details of the transaction after the winter +acation. 1eturning to the house
20
in *anuary 2002) an was in+ol+ed in a car accident and was 0illed
instantly. (e left a will lea+ing all his property to his only relati+e) his
$rother Lewis.
*oseph has decided that he now wants the house to $e sold) $ut /enneth
has o$,ected to this) saying that he intends to li+e there for at least the
next ten years) until he is settled in his career.
&d+ise *oseph) /enneth and Lewis of their interests !if any# in the house.
Will *oseph $e a$le to sell the house) despite /enneth3s wishes4
(ow would your answer differ if) instead of dying accidentally) an had
$een 0illed $y *oseph following an argument4
2. 5The law of co6ownership of real property continues to discriminate in
fa+our of co6owners who are married3.
To what extent is this true4
Suggested answer !word count% '278#
% 1
&hi" 'ue"tion concern" the e(olution o! the intere"t" o! three co)
owner". *ome o! the !act" o not +i(e ri"e to i,cult$ "ince the law
+i(e" no room !or oubt a" to the po"ition. &here are "ome point"-
howe(er- which are ar+uable an to which- there!ore- no conclu"i(e
an"wer ma$ be +i(en.
.arol- /an an 0o"eph took the hou"e a" 1oint tenant" o! the
le+al title:
" 1263- 4aw o! 5ropert$ 6ct 1925. .ow the bene7cial intere"t" were
hel i" important "ince i! the$ hel a" 1oint tenant"- the ri+ht o!
21
"ur(i(or"hip woul appl$ wherea" i! the$ were tenant" in common it
woul not. 8here there i" no e#pre"" pro(i"ion a" to bene7cial
owner"hip 2which woul ha(e been conclu"i(e: Goodman ( Gallant
1
3- it
i" nece""ar$ to "ee whether the 9!our unitie":- po""e""ion- intere"t-
title- an time- are all pre"ent. /! the$ are- it i" pre"ume 2unle"" there
i" rebuttin+ e(ience3 that a 1oint tenanc$ e#i"t". &he !act" inicate
that all !our unitie" were pre"ent an there i" no "u++e"tion o! an$
rebuttin+ e(ience. /n the circum"tance"- howe(er- a tenanc$ in
common woul ha(e been more appropriate.
.arol le!t an "ol hi" "hare to ;enneth. &hi" wa" an act o!
"e(erance o! the 7r"t t$pe mentione in Williams ( Hensman-
2
an
meant that the bene7cial intere"t" were then hel a" a tenanc$ in
common a" between ;enneth an /an an 0o"eph- thou+h a 1oint
tenanc$ continue between /an an 0o"eph. &here wa" no chan+e in
the holin+ o! the le+al title.
&hen there were ne+otiation" between /an an 0o"eph an
;enneth to bu$ out /an:" notional one)thir "hare. /t appear" that
the"e ne+otiation" were not conclu"i(e- an "o the 'ue"tion ari"e"
whether there wa" mutual a+reement to "e(er the 1oint tenanc$ o! /an
an 0o"eph- the "econ metho in Williams ( Hensman. <ra$ an
1
=1986> 1 All ER 311
2
218613 1 John & H 546
22
<ra$
3
acknowle+e that mutual a+reement ma$ be i,cult to
i"tin+ui"h !rom mutual conuct- but a,rm that there i" a i?erence.
&he !act" inicate mutual a+reement- an thou+h Burgess ( Rawnsley
4

"u++e"t" thi" coul e?ect "e(erance- <ra$ an <ra$ "a$ that 9=c>aution
i" re'uire- howe(er- in relation to the "e(erin+ 'ualit$ o! a mere
9a+reement in principle: i! there i" e(ience that the partie" re"er(e
the ri+ht to alter their re"pecti(e bar+ainin+ po"ition" in the li+ht o!
later e(elopment".:
5
*ub1ect to e(ience to the contrar$- the po"ition
here appear" to be that there wa" no "e(erance: Gore and Snell (
Carpenter.
6
/! there wa" no "e(erance- /an:" will wa" ine?ecti(e a" the
ri+ht o! "ur(i(or"hip operate in !a(our o! 0o"eph@ i! there wa"- hi" will
wa" e?ecti(e to pa"" hi" "hare to 4ewi". /an:" eath le!t .arol an
0o"eph holin+ the le+al title on tru"t !or ;enneth an 0o"eph- a""umin+
there wa" no "e(erance a" between /an an 0o"eph- which appear"
more likel$.
&here i" now a i"pute between 0o"eph an ;enneth a" to "ale.
6n$ intere"te per"on ma$ appl$ to the court !or an orer !or a "ale o!
lan: " 14- &ru"t" o! 4an an 6ppointment o! &ru"tee" 6ct 1996. /n
eciin+ whether to orer "ale- the court ha" re+ar to the criteria in "
15. Ae!ore &B46&6- an orer !or "ale mi+ht be mae uner " 30- 4aw
o! 5ropert$ 6ct 1925- an the ca"e law on " 30 ma$ "till +uie 1u+e" in
3
Elements of Land Law 4
th
edn, p 1067
4
=1975> Ch 429
5
Elements of land Law 4
th
edn, p 1067
6
219903 60 P C CR 456 at 461)462
23
the e#erci"e o! their i"cretion. &he court con"ier" the ori+inal
purpo"e o! the tru"t- an- i! that "till "ub"i"t"- "ale ma$ not be orere:
Re Buchanan-Wollastons Conveyance.
7
.ere- onl$ 0o"eph o! the
ori+inal three "tuent" now occupie" the hou"e- an ;enneth:" wi"he"
are i?erent !rom the ori+inal purpo"e o! the tru"t. &here i"- there!ore-
a "tron+ ar+ument that "ale "houl be orere: ones ( Challenger.
8

6ccorin+l$- 0o"eph mo"t likel$ coul !orce a "ale o! the hou"e- e"pite
;enneth:" wi"he". ;enneth "houl be a(i"e o! the "tren+th o!
0o"eph:" ca"e to per"uae him to accee to thi" without the e#pen"e o!
proceein+". Dor the rea"on" +i(en abo(e- it i" unlikel$ that 4ewi" ha"
an$ intere"t in the hou"e. /! he ha- a "ale i" "till likel$: there i" no
"u++e"tion that 4ewi" occupie" the hou"e an he ha no part in the
ori+inal purpo"e o! it" purcha"e. /n the e(ent o! .arol not bein+ !oun
to e#ecute a tran"!er- the court woul be a"ke to make appropriate
irection".
8here one o! two bene7cial 1oint tenant" kill" the other- public
polic$ re'uire" that the killer "houl not pro7t b$ operation o! the ri+ht
o! "ur(i(or"hip: Dor!eiture 6ct 1982. 6""umin+ no "e(erance o! /an an
0o"eph:" 1oint tenanc$- "uch polic$ woul epri(e 0o"eph o! an$ bene7t
b$ treatin+ the homicie a" a "e(erin+ e(ent which lea(e" 0o"eph a" a
tru"tee o! the le+al title but holin+ the "hare he woul ha(e ac'uire
7
=1939> Ch 738
8
=1961> 1 QB 176
24
!rom /an on tru"t !or /an:" e"tate: Re !.
9
Bnl$ in e#ceptional ca"e"
where the 1u"tice o! the ca"e re'uire" it ma$ the !or!eiture rule be
i"pen"e with at the court:" i"cretion: Re ! an "un#ar ( $lant.
10
% 2
&here are (ariou" wa$" in which unmarrie couple" are treate
i?erentl$ b$ the law !rom marrie couple". /n the area o! real
propert$- the i?erence in treatment become" apparent on breakown
o! the relation"hip. &he propert$ ri+ht" o! marrie couple"- on
"eparation or i(orce- will be etermine b$ the court which- uner the
matrimonial le+i"lation- ha" i"cretion to a1u"t the"e ri+ht" a" it think"
7t. Enmarrie couple" b$ e7nition cannot re!er to thi" le+i"lation- an
i"pute" about propert$ law can onl$ be etermine b$ the much le""
Fe#ible rule" o! re"ultin+ an con"tructi(e tru"t"- an perhap"
proprietar$ e"toppel- to e"tabli"h a bene7cial intere"t in the propert$
2"a(e that homo"e#ual partner" ma$ now ha(e recour"e to the Gi(il
5artner"hip 6ct 20043.
Ener the law o! re"ultin+ tru"t"- a claimant i" e""entiall$ entitle
to +et back what he or "he put into the propert$ b$ wa$ o! a
contribution to the purcha"e price. Gontribution" to the "upport o! the
hou"ehol will not !orm the ba"i" o! an intere"t in propert$: Burns (
9
=1985> Ch 85 at 100
10
=1998> Ch 412
25
Burns.
11
6" <ra$ an <ra$ put it- 9=t>o thi" a$ Hn+li"h law reco+ni"e"
no i"tinct re+ime o! !amil$ propert$ . . . &he rewar !or +enerali"e-
an u"uall$ un'uanti7able- contribution" o! ome"tic per!ormance i" to
be !oun I i! at all I onl$ in the law o! con"tructi(e tru"t".:
12
&he re"tricti(e approach o! the .ou"e o! 4or" in %loyds Ban& plc
( Rosset'
13
mean" that an a+reement to "hare a home i" not the "ame
a" a+reein+ on the bene7cial intere"t" in it. Rosset oe" "how-
howe(er- that whil"t the propert$ intere"t" o! marrie couple" can be
ealt with in "eparation or i(orce proceein+"- e(en marrie couple"
are !ace with the "ame application o! propert$ an tru"t law rule" in
proceein+" brou+ht b$ a mort+a+ee. Btherwi"e- the po"ition a"
"hown in Burns ( Burns an in Rosset con7rm" that 9there i" a ma1or
i?erence between the po"ition o! unmarrie an marrie couple"-
when their relation"hip" come to an en:.
14

&here i" e(ience o! a more reali"tic approach b$ the court":
!ollowin+ Grant ( (dwards
)*
- +idland Ban& plc ( Coo&e
16
an ,-ley (
Hiscoc&-
17
a (iew o! the whole relation"hip an the ealin+" o! the
partie" ma$ now be taken. ,-ley ( Hiscoc& i" e"peciall$ u"e!ul in
11
=1984> Ch 317
12
Elements of Land Law 4
th
edn, p 885
13
=1991> 1 AC 107
14
JudithAnne !"#en$ie C !a%& Phillip'- Textbook on Land Law, 10
th
edn, p 377
15
=1986> Ch 638
16
=1995> 4 All ER 562
17
=2004> 3 ()R 715
26
re(iewin+ the pre(iou" ca"e law an "eekin+ to make pro+re"" towar"
a more 1u"t an reali"tic hanlin+ o! "uch ca"e". /n that ca"e-
Ghawick 40 !elt able not to re"trict him"el! to re"ultin+ tru"t rule"
ba"e on Ji"" B#le$:" unoubte 7nancial contribution but to u"e thi"
a" a ba"i" !or 7nin+ a con"tructi(e tru"t. *ince it will be (er$ unu"ual
!or a cohabitant to make no 7nancial contribution whate(er- "ituation"
"uch a" the !act" in Burns ( Burns will be rare thou+h it i" har to "ee
how- e(en now- "imilar !act" coul lea to a i?erent re"ult.

Killon 40 "ai in Springette ( "e.oe-
18
that 9=t>he court oe" not a"
$et "it- a" uner a palm tree- to e#erci"e a +eneral i"cretion to o
what the man in the
"treet . . . mi+ht re+ar a" !air:. 5erhap" now it oe"- an thi" rai"e"
the perennial 'ue"tion whether "uch !airne"" unermine" certaint$.
Aiblio+raph$
<ra$- ;e(in an <ra$- *u"an Dranci"- (lements o. %and %aw- 4
th
en.
2Lew Mork: B#!or Eni(er"it$ 5re""- 20053
Jc;enNie- 0uith)6nne an 5hillip"- Jar$- /e-t#oo& on %and %aw- 10
th

en. 2Lew Mork: B#!or Eni(er"it$ 5re""- 2004
&homp"on- Jark 5- +odern %and %aw- 2
n
en. 2Lew Mork: B#!or
Eni(er"it$ 5re""- 20023
www.oup.com/uk/book"ite"/law
18
=1992> 2 *)R 388 at 393
27
28