Legal Argument

When I was teaching Law to undergraduates in Northampton, I would regularly take small groups of my students for unofficial tours of Westminster. Part of the day involved sitting in the hearings of the Law Lords. It was both interesting and informative - and a useful introduction for aspirant lawyers to legal argument. We even got to see both argument and the decision in Pepper v Hart.

Sadly, I no longer have the opportunity (the time) to listen to hearings before the Supreme Court of the United Kingdom. However, since the 1990s we have the internet - and hearings can be viewed on the Supreme Court website - though in recent years I've relied on reading the decisions - rather than viewing the hearings.

However a friend asked whether I had watched this weeks hearing in the Isle of Wight v Platt case. I hadn't, but took the opportunity to watch (some) of the hearing. It's a wonderful resource for anyone wishing to understand how legal argument is conducted, especially when it is a matter of statutory interpretation.

The case concerns the legal duty of a parent to ensure that their child attend school regularly. In this case the parent fulfilled that duty well - except that they withdrew their child from school for a few days in order to take the child on holiday. They were fined - but never paid. The case looks at what the legislation means in practice.


The decision of the original court can be read at http://www.bailii.org/ew/cases/EWHC/Admin/2016/1283.html

I am unable to embed the videos of the hearings - but they can be accessed at

Morning session - https://www.supremecourt.uk/watch/uksc-2016-0155/310117-am.html
Afternoon session - https://www.supremecourt.uk/watch/uksc-2016-0155/310117-pm.html

The Justices are now considering their decision - keep an eye on the Supreme Court website, and once the decision iOS delivered, the full law report will be available.


If I were still teaching, I would use this case to illustrate legal argument; and how statutory interpretation is undertaken. At one point one of the justices identifies what he thought the ratio decidendi of an earlier case and invites the lawyer to respond. If you are studying law this case is worth watching.

Fundamental Constitutional Principles Explained

If you are a law student (or about to study Constitutional Law - perhaps the W201 Open University course, which begins in October), or are interested in the workings of the "constitution" in a country which does not have a "Constitution" in the sense of a single written document - then I recommend looking at the session held yesterday by the House of Lords Constitution Committee. It contains two evidence sessions. The first involved Ministers from the Cabinet Office; the second two members of the UK's Supreme Court. It covers a number of key principles - and discusses them. Any student watching this will gain an important advantage when exams come, and it really was a fascinating session. I lost sleep over it!!!

BBC iPlayer: http://bbc.in/1IKOqQM (available in the UK for 28 days)
Parliament Live: http://goo.gl/FdruzX

Witness(es): Rt Hon. Oliver Letwin MP, Chancellor of the Duchy of Lancaster, and John Penrose MP, Minister for Constitutional Reform, Cabinet Office; Lord Neuberger of Abbotsbury, President, and Baroness Hale of Richmond, Deputy President, The Supreme Court.

Get to know the UK Supreme Court

There is now an excellent website about the UK’s Supreme Court. It is full of useful information about the work of the Court; the Justices – and links to full law reports of Supreme Court judgements.


If you are planning to visit the court – there are details of access – but most importantly, details of the cases which are being heard. So if you wish to take the greatest benefit from your visit – you can prep in advance – and be in a much better position to understand the arguments that you will hear.

See for Yourself

Reading about Parliament and the Courts in a textbook can sometimes be less than exciting – and a little bit dry. One of the best ways to gain an understanding of how they work is to visit them in person.

Apart from some limited exceptions (mainly where young people are involved), the courts are open to the public. A visit to a Magistrates Court and a Crown Court can help make sense of ‘criminal procedure’. You can see the arguments put forward by the prosecution and defence; the examination and cross-examination. The role of key personnel may be seen. What role does the judge or the clerk play? What interactions are going on between the lawyers; the magistrates or the jury?

The higher courts – the Court of Appeal and the Supreme Court – are worth visiting too. More emphasis is placed on legal argument than challenging the ‘assertions of fact’ by witnesses.

For information about the courts – There is a list of Magistrates Courts here; and a Court finder here. The Royal Courts of Justice in the Strand has the High Court and the Court of Appeal, but there are also ‘branches’ of both in major cities (such as Birmingham).

Parliament is open to the public. Visit the Parliamentary website for details of how to visit – for the tour; or to sit in the Chambers and committees.

UK Supreme Court

Live broadcasting from the Court in the Assange case is currently available on http://news.sky.com/home/supreme-court