Module Descriptors
CIVIL LIABILITY IN THE PUBLIC SECTOR
LAWS51076
Key Facts
School of Justice, Security and Sustainability
Level 5
30 credits
Contact
Leader: Marie Myatt
Hours of Study
Scheduled Learning and Teaching Activities: 36
Independent Study Hours: 264
Total Learning Hours: 300
Assessment
  • MULTI-CHOICE TEST weighted at 50%
  • ASSIGNMENT weighted at 50%
Module Details
Module Resources
Module Study Guide.
Computing facilities will be needed to access material available on the web and specialist on-line databases.
Module Texts
Bermingham, V., & Brennan, C. Tort Law Directions 2nd Edition (Oxford University Press 2010)

Police Law by English, J and Card, R (2011) 12th Edition

PACE: A Practical Guide to the Police and Criminal Evidence Act 1984 (2nd Edition)
OUP Oxford (2010)
Module Additional Assessment Details
There are two assessment methods within this module

ASSESSMENT A
A multiple choice examination (1 hour) weighted at 50% at the end of Learning Outcome 1 which will assess Learning Outcome 1. The MCQ will consist of unseen legal and hypothetical scenarios in which students will be asked to answer in regard various elements of Civil Liability.

ASSESSMENT B
Assignment (2000 words) weighted at 50% at the end of Learning Outcome 3 which will assess Learning Outcome 2&3.
The assignment will require you to correctly apply the different elements of Civil Liability to hypothetical case scenarios illustrating your ability to justify your conclusions. To successfully complete the assignment you will be required use real life examples and illustrations that you have encountered on your work placement. You will liaise with your tutor in identifying the appropriateness of real life experiences.
Following on from this you will be required to evaluate the current stance of negligence in light of the role of the public services.

Students will submit supporting materials that evidence their research for and preparation of the presentation. This element should be fully referenced in the Oscola style.

To pass this module you must achieve a grade of at least 40% in each of the assessed tasks.

Additional Assessment Details (including formative feedback / assessment:
Formative
Students will receive formative feedback from peers and tutors during class-based tasks and discussions. They will also receive formative feedback regarding the assignment during personal tutorials

Any information you receive from your work placements can be used in your assignment as an illustration of understanding and evaluation in regard to your understanding and appreciation of current Civil Liability standards.
Module Learning Strategies
Whole Group sessions: a weekly lecture, (1.5hours * 24 weeks) introducing and defining basic ideas and concepts in regard to the module content. Lectures supported by appropriate visual aids and associated handout reading and study plans.
Additionally throughout this there will be guest speakers from the services who will deliver specific information in regard to the liability issue that is faced in the public services today. This could then be compared to ten years ago and noted for your assignment.
The learning hours will include small groups and 1-1 tutorials these sessions are also built upon independent learning: it is here where you will be offered support in regard to your development tailored to the formative assessment within the varying modules. (36 hours)

Directed Study/Independent Learning: Students will work with the prescribed course text throughout the teaching block. Some of this preparation will be organised by the use of internet sources. Students will be provided with feedback from tutorials to assist their work. (264 Hours)

Total Learning Hours - 300
Module Indicative Content
As a member of the public services it is important to consider that you will come into contact with Civil Law on a regular basis, this is particularly linked to the issue of the duty of care they hold and how the performance of it can often be subject to investigation. This module is designed to provide you with an understanding of Civil Law and the liability issues that you will face based on the actions you perform as part of your role.

Following on from this you will consider the element of re-dress available for those who have suffered loss as a result of a defendant's carelessness or unreasonable conduct. The module also examines the impact of the Human Rights Act 1998 and you will use real life case examples of Public Services Civil liability cases.

Topics covered include:
- Negligence and Duty of Care
- Nervous Shock
- Wrongful arrest
- Wrongful detention
- Defamation
- Remedies
- Defences
- HASAWA 1974 (and subsequent amendments)
- Equality and Diversity Policies

Throughout your work placement you will be able to enquire as to the practical impact that Civil Liability has had on members of the public services. You may be able to ascertain from the individuals real examples of the impact that this element of liability has had on them and the ability to effectively perform their role.