Pennington v Waine: Best Description and Analysis

Learning Outcomes

This Coursework in this module will assess:

• Module Learning Outcomes 1 and 2:

oDemonstrate Knowledge and Understanding of the Principles and Rules of Equity and the Law of Trusts

oUse Independent Research to Examine a Particular Aspect of the Law of Equity and Trusts

• The following Course Learning Outcomes:

oExplain the doctrines and principles of the law in England and Wales and the institutions and personnel that administer the law.

oCritically evaluate alternative solutions to policy debate and legal problems and present conclusions.

oAct with independence and intellectual curiosity making use of questions and feedback to reflect and to develop knowledge.

oAnalyse a complex real or hypothetical legal problems and produce a reasoned conclusion.

oUse both standard English and legal terminology with care and accuracy.

oManage time effectively and work under pressure to meet deadlines.

Coursework Question

“a hard case making bad law” – Jamie Glister and James Lee, Hanbury & Martin: Modern Equity (21st edn, Sweet & Maxwell 2018) 5-012

Which of these views – or what other one – do you consider to be the best description of Pennington v Waine [2002] EWCA Civ 227 (CA)?

Explain and justify your answer by reference to case-law and to academic authority.

Submission Hand in Arrangements: Students are required to submit their coursework assignment to Turnitin via the link on the module Moodle. Students are encouraged to submit drafts through the Turnitin student checkpoints prior to the submission deadline.

There are mark penalties for late hand-in – see Generic Module Information section on the module Moodle site – currently at top-right. (Corruption of computer files is not an adequate excuse for late hand in, as work should be adequately backed up.)

PLEASE NOTE that the deadline for submission is 11.55pm on the submission date – this means that your assessment must be fully uploaded by Assessments uploaded at 11.55pm or later will be marked as late.  Students should submit in advance of the final deadline wherever possible.  Computer uploading delays and other IT difficulties are not accepted as extenuating circumstances.

If there is a problem with Moodle at the time of submission students should email their coursework to [email protected] with the following details:

The word count should be stated on the top of the document.  Failure to state a word count will result in a penalty of 5% of the original mark awarded. A falsely stated word-count is an assessment office which may result in a penalty, including the reduction of the mark to 0%.  Note that footnotes should be used to reference sources only.  Examiners are free to disregard footnotes that contain inappropriate information or information that should belong in the main text.  Coursework that is over the stated word limit will result in a penalty of 10% of the original mark awarded. For the avoidance of doubt, the penalty will be applied to any work that exceeds the stated word limit of 1500 words excluding footnotes and bibliography. Students are NOT permitted to exceed the word limit by 10% or any other amount.  

Referencing is required to give intellectual credit to your source, help your reader recover your source easily and to avoid being accused of plagiarism.

Students are reminded that the University will not tolerate academic dishonesty in any form. This is cheating.  

Plagiarism: Students are reminded of the need to avoid plagiarism.  The University Regulations describe plagiarism as:

the incorporation by a student in work for assessment of material which is not their own, in the sense that all or a substantial part of the work has been copied without any adequate attempt at attribution, or has been incorporated as if it were the student’s own when in fact it is wholly or substantially the work of another person or persons.

Any student suspected of plagiarising will be referred for an Academic Misconduct Hearing.  

Students should ensure that all sources are fully cited in footnotes and in the bibliography and that indentation or quotation marks (as appropriate) are used when quoting.  Failure to include a bibliography will result in a 5% penalty, unless the lecturer/tutor has advised you that a bibliography is not required.

Electronic Copy of Work: Students should retain an electronic copy of their coursework, so that it may be checked by a member of staff should a member of staff feel the need to do so. Tutors are entitled to request an electronic copy of coursework if they have any doubt about the accuracy of the stated word count and/or any suspicion of plagiarism. Failure to send an electronic copy of the coursework to a member of staff who has asked for a copy may result in a penalty.

If any student has a query about any of the above matters and wishes to obtain clarification or further information please contact your Module Co-ordinator or Personal Tutor