Description

Read the case: Cream Holdings Ltd. v Banerjee and Another [2005] 1 AC 253

• Once you have read the case, you should work to produce your case note. Your case note should follow this structure:

I. The title of your case note should be the name of the case and the citation for the report, the court in which the case was heard and the judges who heard the case.

II. What are the questions of law raised by the case?

– Be specific, what was the court trying to address?

III. What are the material facts of the case?

– Relate to the facts that are essential to know/establish in order to deal with the appeal.

IV. What was the outcome of the case?

– Outcome can be both factual but should also say what the court concluded. In other words, how did the court answer the question put to it?

V. What is the ratio decidendi of the case?

– What is the reasoning process we could determine for the outcome.

VI. What is the significance of the case?

– Significance is something which needs you to look OUTSIDE the judgment. To investigate the case and views on the case. Building effective arguments that involve evidencing your views and supporting what you want to say