Presentation at the HEA-funded workshop 'Embedding legal research skills into the LLB curriculum'. LETR identified that “legal research skills are not sufficiently acquired by the end of the academic stage” and recommends the introduction of distinct assessment in legal research to the LLB. This workshop explored the ways in which legal research skills can be developed and assessed within a qualifying law degree. This presentation is part of a related blog post that provides an overview of the event: http://bit.ly/1hUljKb For further details of the HEA's work on teaching research methods in the Social Sciences, please see: http://bit.ly/15go0mh

1. Welcome to
The School of Law
Embedding
Research Skills
7th April 2014

2. Legal Education and Training
Review
 Solicitors Regulation Authority (SRA); Bar Standards
Board (BSB); Institute of Legal Executives Professional
Standards (IPS)
 Most substantial review of legal training since Ormrod
report (1971)
 Looked at every stage of legal training including
academic stage
 Legal research gets a special mention
(recommendation 6)

3. How important is legal research?
Barristers Solicitors CILEX All Respondents
5th 14th 13th 13th
Table 2.5: Ranking of importance of skills and attributes by legal
services providers
Weighted (barristers, solicitors, CILEx members, and weighted
average) and unweighted (all respondents).

4. How much time do lawyers spend
on it?
Table 2.6. Proportions of time spent on different activities in 2012
compared with the 1991 study
1991 2012
2% 2.5%

5. However......
 There was a strong consensus that legal research
skills are important and need to be addressed at
different stages in the training process. Despite the
small proportion of time spent, on average, doing legal
research in practice, it is still considered to be a
crucial skill... It was widely recognised that legal
research skills were not sufficiently acquired by
the end of the academic stage

6. BIALL
 Trainees unfamiliar with paper based sources
 “One hit only” searching
 Extensive use of Google
 Shallow and brief searches
 Trainees lacked persistence, diligence and organisation
in searching

7. What do we do at Greenwich?
 Library seminars embedded in courses for all Undergraduate
levels:
 Level 4: Legal Skills*, Criminal Law * and Civil Liberties
 Level 5: Land Law ** and EU Law *
 Level 6: Family Law **, Competition Law** and Human
Rights ***
 Librarian is part of the programme team, and included in:
 Staff email list, reviews, programme meetings, away days,
staff/student meetings.
* Include assessments designed by librarian,
** Support research assessments designed by academic staff.
*** With Lexis trainer

8. Level 4: Legal Skills Email from Lucy Yeatman
about topics students will be covering

9. BIALL Legal Information Literacy
Statement
 Research Skill 2.2 Determine which legal resources are
most appropriate for the problem at hand. Reference
to both print and online sources as necessary.
 Research Skill 2.3 Formulate lists of search terms
 Research Skill 2.5: Find legislation using paper or
online sources as appropriate.
 Research Skill 3.3 Demonstrate the ability to choose
the right method of searching online and critically
evaluate the information found

10. Demonstrate –
Lexis Library: Legislation
 Copyright, Designs and Patents Act 1988.
 Start entering the title in the Title search box.
 The “Act” box below the search box should be ticked by
default.
 Enter any section number in the Provision search box,
e.g. 5A.
 The Series number box is for the chapter number of an Act,
e.g. 1997 c48

11. Students search for Legislation,
using Lexis: Question 2
Which legislation repealed s.24 of the
Terrorism Act 2000?
 Anti-terrorism, Crime and Security Act (2001 c.24), s.1(4),
s.125, Sch 8 Part 1.
 Enter Terrorism Act 2000 in the Title search box and 24
in the Provision search box.
 Details on the repeal are listed under “Notes:
Amendment”.

12. Demonstrate - Westlaw: Legislation
 Human Rights Act 1998
 Start entering the title in the Act/SI Title search box.
 Select Section from the drop down menu in the
Provision search box to search for a section, e.g. 12.
 Notice the annotation available.

13. Students search for Legislation,
using Westlaw: Question 1
 Find the Copyright, Designs and Patents Act
1988.
 What is the Chapter number?
 What is s.17 about?
 Chapter 48
 Infringement of copyright by copying.

14. Level 6: Family Law coursework

15. Searching Jordan’s Family Law
 Case Search: searches within the Family Law Reports
 Casename: M v C and Calderdale [1993] 1 FLR 505
 Citation: [2006] EWCA Civ 551
 Assisted Search: searches within all subscribed
content
 This exact phrase: legal parent

16. Searching in Lexis: Choosing key terms
(related to Land Law coursework)
 These could be a phrase such as:
 “express grant”
 “recreational right”,
 “prescriptive right”,
 “right(s) annexed to land”
 “restrictive covenant”
 “exclusive possession”
 Lexis always searches words as a phrase, unless you instruct
otherwise and will return results with words in that order.
 Or individual words, such as “prescription” “licence”

17. Criminal Law 1 Crime Statistics:
Context
 Reports in in January in the news of inaccurate
reporting of crime:
 http://www.independent.co.uk/news/uk/politics/statist
ics-watchdog-to-launch-review-of-official-data-over-
crime-fudging-fears-9075683.html
 Discussion: has crime really reduced or is it just the
way it is recorded?
 Here is where to find the statistics and look at the
trend.

18. Crime Statistics: Data.Gov.uk
 http://data.gov.uk/
 Enter search term: Crime, then select:
 Crime statistics (from ONS),
 Period ending September 2013 Download Bulletin Tables,
 In this release, see links to :
 Crime in England and Wales, Year Ending September 2013
 Crime falls 10% in England and Wales according to Crime Survey
figures
 UKSA Assessment of crime statistics,
 Reference tables, 01 Bulletin Tables, 4a Total Police..
 http://www.ons.gov.uk/ons/rel/crime-stats/crime-statistics/period-
ending-september-2013/sum-crime-stats.html

19. The Land Law research exercise
Learning Outcomes
On completion of this coursework you will have:
1. Researched a specific area of law that has not been directly
covered in lectures using a variety of paper and electronic
sources;
2. Applied your research to a long problem question on that
area of law;
3. Demonstrated your ability to provide succinct, coherent
advice on a legal problem that you have researched;
4. Consolidated your understanding of rights over land;
5. Completed an assessment preparation record.

20. Steps
Hand out coursework brief
Library seminar
Students begin assessment preparation
record (APR)
Interim feedback on APR
Students hand in coursework plus
completed APR and research certificate

21. Library Seminar

22. The Question
Ed and Jo are the owners and licensees of a pub, the Jolly Roger, situated on the riverside in Gravesend. The pub is in an
area which until very recently was an industrial estate. The pub has become very well known in the local area and further
afield as a venue for new indie rock bands. At least four evenings a week there are gigs featuring new and more established
artists, as well as an ‘open mike’ night on Wednesdays, at which anyone can turn up and perform. The pub is therefore very
popular with music fans, and very busy most nights. In fine weather, the guests spread out along the adjacent river bank,
and the pub doors are left open so they can all enjoy the music.
About six months ago, a new development of small houses and apartments was built on an area formerly occupied by a
derelict warehouse about 300 metres from the Jolly Roger. These dwellings have now been sold or rented to occupiers. Soon
after the first residents moved in, Ed and Jo began receiving complaints about the disturbance from their pub. These have
increased in number as the weather has got warmer and the pub doors are left open. The local council has recently become
involved, and is threatening a noise abatement order. The council has also stated that it is the owner of the river bank area
used by the pub’s customers, and that this use must cease.
Ed and Jo have pointed out that they have been running the Jolly Roger for the last 25 years, and that for almost all of that
time, they have been running gigs. The advantage of their location was that no-one was disturbed by the noise, and it is not
their fault that someone has now built housing nearby. They maintain that they have acquired rights by way of easement to
run noisy gigs and to permit their customers to drink on the river bank land owned by the local council.
Advise Ed and Jo as to the merits of their claim.
Note that you should restrict your answer to property law points and need not consider the details of an action in nuisance
or planning law etc. You should, however, consider matters of public policy in answering this question.

23. Assessment Weighting
The answer to the question is worth 20% of the marks
for this course
The assessment preparation record is worth 5% of the
marks for this course.

24. Assessment Preparation Record
AIMS
1. To develop each student’s coursework preparation, research and
problem solving skills
2. To provide the student with an opportunity to reflect upon his/her
own preparation techniques and to improve on them where
necessary
3. To diagnose, and to improve on, any weaknesses the student may
have in preparation and writing skills
4. To create an opportunity for feedback prior to the summer
examination
OUTCOME
Each student will have had the opportunity to observe, reflect upon, and
consequently, to develop his/her preparation, research and problem
solving skills.

25. Marking
Element Assessment criteria
Research into
primary and
secondary sources
The assessment preparation record must show that a variety of paper sources, both
primary and secondary, have been utilised in preparing the assignment. The
assignment is designed to be possible only if students have read primary sources
(such as judgments in cases).
IT skills The assessment preparation record must have attached to it a copy of your Lexis
Online Research Certificate or Westlaw certificate.
Planning of
research
The assessment preparation record must show evidence of planned research, which
is then reflected in your essay.
Critical analysis
and reflection
The assessment preparation record must show evidence of critical analysis and
reflection.
Time management The log must show evidence of work over a sensible timescale, as reflected in the
dates shown and the dates of upload.
Writing skills/use
of language
Correct, formal English, using correct conventions for academic English and
appropriate tone and style.
Presentation Skills Clear, follows instructions; exemplary application of a range of IT skills.