Structure of content
The case commentary should:
(1) summarise the material facts, i.e. only the facts which are pertinent to your report should be retained;
(2) identify clearly the legal issues involved, i.e. what the question is about from a legal point of view;
(3) define and explain the relevant legal rule(s), i.e. identify the legal principles which are relevant to the case in question and clarify the applicable law, giving authority (case law or statute, as appropriate);
(4) a critical analysis of the outcome of the case and the underpinning legal reasoning i.e. discuss how the issue posed at the beginning of this sequence of steps was resolved and critically evaluate the outcome of the case (strengths, weaknesses, implications etc).
The last step is crucial to your analysis. A strong report will demonstrate a thorough reading of the case, wider research and a critical approach to the subject-matter. Your critique/ analysis should also consider the following questions:
q Do you agree with the central argument adopted by the court? Why or why not?
q What perspectives do you think are missing?
q Who benefits from the outcome of the case? Who does not?
