DERBY LAW SCHOOL

ASSESSMENT BRIEF - COURSEWORK

Module Title
Law for Accounting

Assessment Method
Case Analysis

Learning Outcomes Tested

This task has been designed to assess students’ capacity to ‘recognise and explain
legal principles’

Assessment Task

Overview

To complete the ‘coursework component’ of the assessment for the module you will
need to: a) read the case report for Clarke v General Accident Fire and Life Assurance
Corporation Plc [1998] 1 WLR 1647; and b) answer a series of questions about issues
raised in and by that case report.

The Questions

1. Define the terms ‘appellant’ and ‘respondent’ (3 marks)

2. Who was the ‘appellant’ in the case of Cutter v Eagle Star Insurance Co Ltd? (2
marks)
3. Giving judgment in the House of Lords Lord Clyde ‘reversed’ the decisions given
by the Court of Appeal in both Clarke v Kato and in Cutter v Eagle Star
Insurance Co Ltd. What does is it mean when a judge ‘reverses’ a decision
handed down in an earlier case? (2 marks)

4. Give two examples from Lord Clyde’s judgment in this case which illustrate how
his Lordship used ‘intrinsic aids’ to statutory interpretation to help him define the
term ‘road’ as it is used in s.145(3)(a) Road Traffic Act 1988. (5 marks)

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 5. Give one example from Lord Clyde’s judgment in this case which illustrate how
his Lordship used ‘extrinsic aids’ to statutory interpretation to help him define
the term ‘road’ as it is used in s.145(3)(a) Road Traffic Act 1998. (3 marks)
6. What, according to Lord Clyde, are the two factors a court should consider
whenever it is asked to decide whether a location/a place/a space qualifies as a
‘road’? (3 marks)
7. Using your own words explain why, according to Lord Clyde, a car park could
never be viewed as a road except in the most exceptional of circumstances? (3
marks)
8. When Lord Clyde concluded that a car park could never be viewed as a road
except in the most exceptional of circumstances, was he applying the ‘literal
rule’, the ‘golden rule’, or the ‘mischief rule’? Supply a piece of evidence from
Lord Clyde’s judgment which supports your conclusion. (6 marks)
9. Why could we describe Lord Clyde’s comments (at pp.1654H- 1655B of his
judgment) about the purpose of the Road Traffic Act 1988 as comments that
were ‘made obiter’? (3 marks)
10. Arguably a judge’s primary role is to identify, state, and apply the law; it is not a
judge’s role to create the law. Did Lord Clyde fulfil that role in this case, or did he
exceed that role? Use relevant quotes from Lord Clyde’s judgment to support
your answer. (3 marks)
11. You are a judge sitting in the criminal division of the Court of Appeal. The
defendant in the case before you has been charged with the offence of driving a
motor vehicle ‘on a road’ whilst disqualified from holding a driving license
contrary to s.103 Road Traffic Act 1988. The defendant, who was disqualified
from driving at the material time, was caught driving his car around the car park
of a railway station. People occasionally used the car park as a short-cut and
would walk or cycle across it; however, for cars, entry to and exit from the car
park was through a ticket-controlled barrier. You have been asked to answer a
single question of law, namely: ‘has the defendant committed an offence contrary
to s.103 Road Traffic Act 1988?’ How would you rule on this issue? (6 marks)

Important:

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 Do not repeat the text of the questions in your answers. Simply put the number of each
question at the beginning of your answer to it.

Presentation Requirements
General Requirements

Your work must be word processed using Microsoft Word. Your work should be
formatted in line with the following requirements:

1. Use a sans-serif font (e.g. Arial, Calibri, Tahoma or Verdana);

2. Do not use a font size smaller than 12pt;
3. Set your page margins to ‘normal’;
4. Set your line spacing to ‘1.5 lines’; and
5. Include page numbers at the foot of your page.

You may include your Student ID number (e.g. ‘Student ID: 1003XXXX’) in the header
of your word document. You must not include your name anywhere on your work.

Word Limit

There is no prescribed word limit for this task. Your tutors believe, however, that it
should take you around 1,500 – 2,000 words to answer all of the questions you have
been set fully and to a high standard.

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