examples of first class dissertations

Dissertation & Thesis Examples 📖

Real-world examples and samples from leading universities

Need some inspiration for your study? You’ve come to the right place. Here we showcase a collection of dissertation and thesis   examples to help you get started. All of these are real-world studies from actual degrees (typically PhD and Master’s-level).

PS – If you’re looking for examples of specific dissertation chapters (e.g., literature review or methodology), you can also check out our collection of free templates .

Discipline-Specific Examples

• Business & management
• Political science

Stage-Specific Examples

• Proposal/pitch
• Literature review
• Methodology

Examples: Business & Management

Below you’ll find a sample of business and management-related dissertations and theses covering a range of topics.

Title: Interaction Among Supply Chains: Consumers, Firms and Policymakers Author: Yuanchen Li Year: 2020

This PhD thesis examines the dynamics of supply chain relationships across three levels: the interactions between firms and consumers, suppliers and buyers, and firms and governments. The research aims to provide insights into the complexities of supply chain dynamics and their implications for various stakeholders.

Title: Essays in Firm-Level Patenting Activities and Financial Outcomes Author: Michael J Woeppel Year: 2020

This doctoral dissertation explores financial dynamics in two key areas: investment valuation and the performance of small innovative firms. The first chapter introduces a new metric, PI q, which incorporates the replacement cost of patent capital into the traditional Tobin’s q calculation. The second chapter examines small innovative firms, finding that they achieve higher returns for up to five years compared to non-innovators.

Title: Analysis of Design Artifacts in Platform-Based Markets Author: Vandith Pamuru Subramanya Rama Year: 2020

This dissertation investigates design issues within digital platform-based markets through three essays. The first essay explores the economic impact of augmented-reality games like Pokémon Go on local businesses, specifically restaurants. The second essay delves into the sponsored search ad-market, examining the effects of market frictions on bidding behaviors in auctions. The third essay examines user-generated content platforms, focusing on how the loss of elite status affects user contributions.

Title: Gaming the IRS’s Third-Party Reporting System: Evidence From Pari-Mutuel Wagering Author: Victor Charles Ferguson Year: 2020

This dissertation investigates if taxpayers deliberately avoid IRS third-party reporting mechanisms, focusing on an IRS amendment in 2017 that changed how gambling winnings are reported. Specifically, it looks at the impact on thoroughbred racing wagers in the US, using Canadian tracks as a control.

Title: Essays on Product Innovation and Failures Author: Moonsik Shin Year: 2020

This dissertation delves into how strategic decisions made by firms can lead to innovation failures, a relatively underexplored area compared to studies on successful innovations. The research is structured into three essays. The first explores how inter-organisational relationships, specifically investments from venture capitalists, can influence innovation failures due to pressures such as time constraints imposed on portfolio companies. The second essay examines the role of acquisitions in innovation failures, suggesting that challenges like adverse selection and integration issues post-acquisition can significantly hinder a firm’s innovation outcomes. The third essay looks at how incremental product development can lead to failures if new products are too dependent on existing technologies, which may themselves be flawed.

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Examples: Psychology Dissertations

Title: Development and Validation of the Instrumental Support Inventory for Spouses Author: Ryan P. Egan Year: 2020

This research develops and validates the Instrumental Support Inventory for Spouses (ISI-s), a new tool to measure the practical support received from a romantic partner. The study involved two phases: initially, 372 married individuals helped refine the 39-item inventory across five categories through exploratory factor analysis, assessing reliability and validity. The second phase tested the inventory with 298 parents and their partners, using a longitudinal design, confirming its reliability and validity further.

Title: Dysfunctional Individuation, Spiritual Struggle and Identity in Emerging Adults: A Developmental Approach Author: Katheryn J. Klukow Kelley Year: 2020

This study investigates why emerging adults are participating less in organised religion, yet showing increased spirituality, attributing this shift to the process of religious identity development. The research involved a longitudinal survey of 788 students at a religious university, using structural equation models to analyse data collected at four points over an academic year.

Title: Depression Dynamics across a Decade: Density in Daily Depressive Affect and Yearly Depressive Symptoms Author: Raquael J. Joiner Year: 2020

This thesis investigates depression through a dynamic systems perspective, which views changes in depressive symptoms as part of an interconnected network of emotions and states, rather than isolated events. The research focuses on how the density of depressive affect—essentially the compactness and intensity of depressive symptoms—varies within individuals over a decade. By examining data at five different timepoints, the study aims to understand how these symptoms cluster daily and how this clustering influences transitions into or out of depressive states year by year.

Title: Maternal and Adolescent ADHD, Aggression, and Dysfunctional Discipline: Mediating Roles of Maternal Emotion Dysregulation and Stress Author: Natalie M. Ehret Year: 2020

This dissertation explores the challenges that parents face when both they and their children exhibit symptoms of ADHD, as well as oppositional defiant and aggressive behaviours. It investigates how these symptoms in mothers and adolescents may influence parenting discipline, focusing specifically on the roles of maternal emotion dysregulation and stress in shaping disciplinary practices. The study employs a process-oriented approach to better understand these complex dynamics.

Title: Linguistic Markers of Maternal Focus within Emotional Conversations: The Role of Depressive Symptoms and Maltreatment Author: Brigid Behrens Year: 2020

This study explores the relationship between maternal well-being and the language used during parent-child conversations about past emotional events. It specifically examines the use of first-person singular (“I”) and first-person plural (“we”) pronouns during a reminiscing task, to determine how maternal language might reflect cognitive biases. The research includes 229 mother-child dyads, both maltreating and non-maltreating, who are part of a larger clinical trial focused on Reminiscing and Emotion Training.

Examples: Education Theses

Title: Functions and Purposes of Outdoor Education in Singaporean Education and Society: An Instrumental Case Study Author: Susanna Ho Year: 2011

This research aims to explore the roles outdoor education can play in Singapore, by conducting a case study of one school’s programme. Employing interviews, participant observations, and document analysis with tools like NVivo software, the study uses a grounded theory framework to interpret findings. It also incorporates Gert Biesta’s educational functions to assess outdoor education within Singapore’s specific context.

Title: The Impact of Internationalisation of Higher Education on Nursing Education in an Australian University: A Case Study Author: Elizabeth Alexandra Lavender Year: 2014

This study examines the impact of the rapid internationalisation of higher education on the School of Nursing and Midwifery at La Trobe University, Australia. It explores how global trends and policies, particularly the shift from ‘Aid to Trade’, have influenced educational practices within the school. The research uses a case study approach, incorporating document analysis and interviews with 15 university staff experienced in international education.

Title: Diabetes Education from the Podiatrist Perspective Author: Julia Yungken Year: 2020

This thesis investigates how diabetes education is delivered by podiatrists to patients, and the retention of this education over time. Through a series of four articles, the research first conducts a systematic review and meta-analysis to examine current educational practices. It then follows a study with three podiatrists and 24 patients over six months to observe educational retention. Additionally, a survey among Australian podiatrists assesses various educational methods and experiences. The study utilises diverse methodologies including observational studies, cognitive assessments, and surveys to understand and enhance the educational practices in diabetes care provided by podiatrists.

Title: Empowering Saudi Arabian Primary Teachers Through Participatory Action Research to Improve Their Professional Knowledge and Practices Regarding Gifted Learners Author: Faisal Yahya Alamiri Year: 2013

Title: Developing a National Assessment Model to Inform Educational Policy in Bhutan Author: Gembo Tshering Year: 2012

Examples: Healthcare-Related Dissertations

Title: Impact of the Increased Use of Telehealth on Health Care Management and Administration: The Case of New Care Management Practices Author: Immacula Pierre Year: 2024

This qualitative study explored the perceptions of healthcare managers on telehealth’s role and its influence on healthcare practices during the pandemic, focusing on aspects like provision and quality control. Through video-conferenced semi-structured interviews with 10 healthcare managers across various U.S. settings, the research aimed to understand the benefits, challenges, and the future role of telehealth.

Title: Healthcare Facilities Management Leadership Style Compared to Traditional Healthcare Business and Clinical Leaders Author: Joshua Ashlock Year: 2020

This dissertation explores leadership style differences between two groups within healthcare: traditional business and clinical leaders (represented by members of the American College of Healthcare Executives, ACHE) and healthcare facilities management leaders (represented by members of the American Society of Healthcare Engineers, ASHE). The research focuses on comparing transformational, transactional, and passive-avoidant leadership traits between these groups.

Title: Leadership Support as an Influence on Frontline Healthcare Employee Retention in the Washington Metropolitan Area (DMV) Author: Tamika Fair Year: 2023

This qualitative case study addresses the significant issue of high turnover rates among frontline healthcare employees in the DMV area, examining how the lack of support from healthcare leadership contributes to this problem. Through semi-structured interviews with 11 primary healthcare administrators in the DMV region, the research investigates how leaders engage with frontline workers and assesses their preparedness to tackle high staff turnover.

Title: Electronic Patient Portals: Promotion of Access by Healthcare Workers Increases Patient Engagement Author: Dena Todd Year: 2022

This integrative literature review examines strategies for promoting electronic patient portal (EPP) access in healthcare settings, a requirement highlighted by the Health Information for Economic and Clinical Health (HITECH) Act of 2010. The review underscores the importance of EPP systems in providing patients with access to their personal health information, including medications, lab results, diagnostics, and appointments. It discusses the potential risks for healthcare organisations that fail to offer such access, notably the loss of federal funding.

Title: Understanding Workplace Conditions Contributing to Physician Burnout Prevalence in Maryland State Author: Fatima Adefunke Queen Year: 2023

This dissertation utilises a qualitative multiple-case study to examine the workplace conditions that contribute to physician burnout in Maryland, particularly among primary care providers who show burnout rates of up to 50%. The study involved interviews with 21 physicians, including Medical Doctors (M.D.s), Doctors of Nursing Practice (DNPs), and Nurse Practitioners (NPs). Using Shanafelt’s well-being framework, the research aimed to understand the factors leading to burnout and its subsequent impact on physician attrition.

Examples: Political Science Theses

Title: The Influence of Peer Relationships on Political Socialisation Among College Students Author: Zachary Thomas Isaacs Year: 2021

This thesis investigates the role of peer relationships in the political socialisation of college students. This is an area not extensively covered by existing research, which primarily focuses on parental influence and often excludes the post-18 age group. A survey was conducted among college students aged 18 to 24, to explore how they communicate with their peers regarding politics and the effects of these interactions on their political socialisation.

Title: The Impact of Political Culture on Political Reactions: A Case Study of EU Sanctions on Russia Author: Kenzie Robin De Keyser Year: 2020

This dissertation examines the complex political impacts of European Union (EU) sanctions on Russia, taking into account the nuanced interplay between Russia’s political culture and the economic interdependencies between the EU and Russia. The research utilises the Cross-Cultural Competency (3Cs) Theorem to analyse key elements of Russian political culture—Russian Orthodox Christianity, geography, autocracy, and economic development— which are crucial in shaping the country’s political responses and governmental structure.

Title: Biased Representation: How Compulsory Voting and Campaign Finance Interact to Influence Government Responsiveness Author: Sarah Steinberg Year: 2016

This thesis investigates the interaction between compulsory voting and campaign finance, focusing on how they influence government responsiveness. It argues that the significant financial influence in political campaigns can lead to an elite bias, where government policies favour wealthier interests. The study uses statistical analysis and case studies from two countries to explore whether compulsory voting, which typically results in nearly universal voter turnout, can mitigate this bias.

Example: Dissertation Proposal

Example: literature review chapter, example: methodology chapter.

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How to Write a First Class Dissertation

How to get a first in your dissertation.

A dissertation paper has two main goals: to prove that the student has acquired extensive knowledge about a selected topic and to demonstrate the student's ability of using pertinent research methods. Knowing how to write a first class dissertation implies a level of knowledge and training fit for future academic endeavours, as well as for achieving professional or personal goals.

A first class dissertation is a research paper of the utmost quality, with a final grade of at least 70 percent. This implies that the paper will show signs of excellence when it comes to clarity, presentation, originality and understanding of the key issues; furthermore, a first class dissertation gives evidence for the student's independent manner of thinking and judgement. Furthermore, when learning how to write a first class dissertation, students need to acknowledge the importance of constant communication with their supervisors. The steady feedback offered this way would assure that any problems encountered during their research would be dealt with immediately. Avoiding one's supervisor is thus a costly mistake, often resulting in the student receiving a second or third class grade for his or her dissertation.

Writing the Dissertation Paper

A student who knows how to write a first class dissertation is able to understand and apply the knowledge offered by his bibliographical sources in a creative manner that demonstrates critical thinking and originality. Furthermore, a first class dissertation requires an excellent use of writing skills when constructing the arguments and bringing the evidence for a certain point of view. The chosen bibliographic materials need to be of the utmost relevance and recency, regardless of the where the student has acquired them from (Internet websites, libraries, etc.).

Generally, a dissertation consists of several separate sections:

• The introduction should provide a background of the chosen study. A well-written thesis needs to be introduced within this section. A student who knows how to write a first class dissertation needs to be able to attract and prepare his readers for the content of the paper. By emphasising on the goals and objectives the dissertation aims to achieve, the author makes the audience more perceptive to the arguments brought within the paper. A good hint would be to edit your introduction once the paper is finished, as this is one of the most difficult parts to write of an academic paper.
• The literature review is the second part of the paper; in it, the author underlines the problems that are going to be discussed, presenting every relevant piece of evidence. By analysing the theories presented by the specialised literature, you will prepare the grounds for the next section of the dissertation, the methodology.
• The methodology enlarges on every specific method of data analysis used in the thesis. Knowing how to write a first class dissertation implies using qualitative research methods, rather than quantitative ones. Furthermore, a research design needs to be specified, along with a timetable that identifies the number of days and weeks spent studying every aspect of the discussion. The methods of analysing the data also need to be specified. Overall, the better the author explains the methods and processes he used for bringing evidence to his thesis, the more credible his paper will be.

A good academic impression is built by offering arguments for all the pros and cons related to the subject of the thesis. Someone who knows how to write a first class dissertation will bring evidence both for and against the subject he aims to prove, and will not refrain from admitting the limitations of his study. Furthermore, every table, statistic, figure or chart needs to be thoroughly explained; failure to do so will result in losing valuable marks.

• The conclusion provides a recap of the whole discussion and brings it to a satisfactory end. Every current issue related to the chosen research topic is to be presented in this section, without adding any new information that asks for additional explanations. A student who knows how to write a first class dissertation will also present the limitations he or she has encountered during the research, and direct the reader to other recommended studies that can provide additional information about the subject. A good conclusion offers a sense of closure to the paper and reinforces the author's credibility at the same time; like the introduction, the conclusion is a section students find quite difficult to construct.
• Lastly, the works cited page and the appendix are added at the end of the dissertation. Pay attention to the formatting style you have chosen; any inadvertencies will automatically lead to the loss of valuable marks.

Use of Language, Style and Formatting

Aiming for a top mark requires paying proper attention to language and style. A first-class academic paper should be written in a formal style, using the appropriate terminology.

A student who knows how to write a first class dissertation will avoid colloquial and informal expressions; however, an excessive use of scientific terminology or technical language is undesirable. Clear, concise sentences are the most appropriate for making oneself understood. A pompous style employing lengthy sentences will probably diminish the interest of the reader.

Furthermore, avoid using the first person in your text; “the researcher/author” is commonly used in academic papers when referring to the person who has devised the thesis. Furthermore, words that express qualitative judgments (such as “bad”, “good”, “perfect”, etc) should be avoided, “correct” or “incorrect” being more fit for presenting your arguments or opinions.

The specifications of the formatting style needs to be respected at all times. Usually, academic papers employ the Harvard or APA style, but instructors may specify the use of other referencing standards.

Lastly, proofread and spell-check the text. If you can show the paper to a native English speaker, do so, asking him or her to tell you where you might improve on your use of language. If you know how to write a first class dissertation, then you know that incorrect use of language and grammar will lower your marks. For the best results, consider using our proofreading and editing section ; furthermore, the dissertation writing section can help you by offering well-written dissertation you can use as models during future academic endeavours.

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Are you struggling with the perfect dissertation? Academic Sciences provide custom essays and model answers which can help you manage your dissertation writing and help get you the grade you want. We have a variety of solutions available to you to suit your academic level, time frame and budget. Have a look through our academic guides and if you are still struggling, consider giving us a call or placing an order for your dissertation on-line.

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Dissertation & Thesis Outline | Example & Free Templates

Published on June 7, 2022 by Tegan George . Revised on November 21, 2023.

A thesis or dissertation outline is one of the most critical early steps in your writing process . It helps you to lay out and organize your ideas and can provide you with a roadmap for deciding the specifics of your dissertation topic and showcasing its relevance to your field.

Generally, an outline contains information on the different sections included in your thesis or dissertation , such as:

• Your anticipated title
• Your abstract
• Your chapters (sometimes subdivided into further topics like literature review, research methods, avenues for future research, etc.)

In the final product, you can also provide a chapter outline for your readers. This is a short paragraph at the end of your introduction to inform readers about the organizational structure of your thesis or dissertation. This chapter outline is also known as a reading guide or summary outline.

Table of contents

How to outline your thesis or dissertation, dissertation and thesis outline templates, chapter outline example, sample sentences for your chapter outline, sample verbs for variation in your chapter outline, other interesting articles, frequently asked questions about thesis and dissertation outlines.

While there are some inter-institutional differences, many outlines proceed in a fairly similar fashion.

• Working Title
• “Elevator pitch” of your work (often written last).
• Introduce your area of study, sharing details about your research question, problem statement , and hypotheses . Situate your research within an existing paradigm or conceptual or theoretical framework .
• Subdivide as you see fit into main topics and sub-topics.
• Describe your research methods (e.g., your scope , population , and data collection ).
• Present your research findings and share about your data analysis methods.
• Answer the research question in a concise way.
• Interpret your findings, discuss potential limitations of your own research and speculate about future implications or related opportunities.

For a more detailed overview of chapters and other elements, be sure to check out our article on the structure of a dissertation or download our template .

To help you get started, we’ve created a full thesis or dissertation template in Word or Google Docs format. It’s easy adapt it to your own requirements.

 Download Word template    Download Google Docs template

It can be easy to fall into a pattern of overusing the same words or sentence constructions, which can make your work monotonous and repetitive for your readers. Consider utilizing some of the alternative constructions presented below.

Example 1: Passive construction

The passive voice is a common choice for outlines and overviews because the context makes it clear who is carrying out the action (e.g., you are conducting the research ). However, overuse of the passive voice can make your text vague and imprecise.

Example 2: IS-AV construction

You can also present your information using the “IS-AV” (inanimate subject with an active verb ) construction.

A chapter is an inanimate object, so it is not capable of taking an action itself (e.g., presenting or discussing). However, the meaning of the sentence is still easily understandable, so the IS-AV construction can be a good way to add variety to your text.

Example 3: The “I” construction

Another option is to use the “I” construction, which is often recommended by style manuals (e.g., APA Style and Chicago style ). However, depending on your field of study, this construction is not always considered professional or academic. Ask your supervisor if you’re not sure.

Example 4: Mix-and-match

To truly make the most of these options, consider mixing and matching the passive voice , IS-AV construction , and “I” construction .This can help the flow of your argument and improve the readability of your text.

As you draft the chapter outline, you may also find yourself frequently repeating the same words, such as “discuss,” “present,” “prove,” or “show.” Consider branching out to add richness and nuance to your writing. Here are some examples of synonyms you can use.

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When you mention different chapters within your text, it’s considered best to use Roman numerals for most citation styles. However, the most important thing here is to remain consistent whenever using numbers in your dissertation .

The title page of your thesis or dissertation goes first, before all other content or lists that you may choose to include.

A thesis or dissertation outline is one of the most critical first steps in your writing process. It helps you to lay out and organize your ideas and can provide you with a roadmap for deciding what kind of research you’d like to undertake.

• Your chapters (sometimes subdivided into further topics like literature review , research methods , avenues for future research, etc.)

Cite this Scribbr article

If you want to cite this source, you can copy and paste the citation or click the “Cite this Scribbr article” button to automatically add the citation to our free Citation Generator.

George, T. (2023, November 21). Dissertation & Thesis Outline | Example & Free Templates. Scribbr. Retrieved August 6, 2024, from https://www.scribbr.com/dissertation/dissertation-thesis-outline/

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Dissertation Research in Education: Dissertations (Examples)

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Selected Dissertations

The dissertations found on this page link to the complete text.  They all  come from graduates of MC's Educational Leadership Program.

• A study of achievement in traditional high schools and the early college high school model in Mississippi by Tammy Cain Smith 2021
• Factors that Affect Teacher Attrition in Southern Mississippi by Monica Chinelle Watts 2021
• Academic and Behavioral Outcomes of Expelled Students After Their Return to the Regular School Setting by Roderick Ramon Henderson 2021
• A Study of the Effects of Teacher Certification on Third Grade Reading Achievement by Clancy A. Freeman 2021
• A Study of the Factors that Influence Secondary Education Teacher Perceptions of Inclusion in the Classroom by Michael Evans 2021
• The Barriers and Challenges Facing Female High School Principals in Mississippi by Dalal Saud Alruwaili 2021
• The Perceptions of Special Education Administrators' Responsibilities and Challenges in Public School Districts in Mississippi by LaTrina F. Baker-Smith 2021
• Traditional and Block Scheduling: A Comparative Study of Student Achievement of English II End-Of-Course Exam Scores and High School English Teachers' Perspectives of Scheduling Models by Jermarcia "Jay" Levy. 2020
• Assigning Quality Homework to Dyslexic Students: A Mixed-Methods Phenomenological Study of Teachers by Sonya Bridges. 2020
• Job Satisfaction: A Study of Teacher Morale in Low and High Performing Schools by LaTondra Shontae Robinson. 2020
• A Study of the Perceptions of Elementary School Principals Toward Speech Language Services in a Mississippi Public School District by Talatha Bingham. 2019
• Women as High School Principals: Perceptions of Mississippi Principals and Superintendents Concerning Barriers and Facilitators for Job Obtainment By Letonia Bailey Johnson. 2019
• Parent Involvement: Perceptions of Parents and Teachers in an Urban School District by LaConda Michelle Arnold. 2018
• Comparing the Shortage of Teachers in the United States and the United Kingdom by Mohammad Alsobaihi. 2017
• Teachers' Perceptions of the Use of Technology in the Classroom and the Effect of Technology on Student Achievement By Sharon Robinson Hoye. 2017
• Comparing Educational Leadership and Conflict Resolution in the United States and Saudi Arabia by Aymen Alqurashi. 2017
• Comparing teacher preparation programs in the United States and Japan by Noah Alharthi. 2016
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Qualitative Dissertation Example

• Dissertation Example

A first-class dissertation is not simple to write. Work that satisfies the highest academic requirements demands a lot of devotion, time, and effort. In this article, we'll explore what it takes to create a first-class dissertation in detail.

Here's a list of properly crafted first-class dissertation examples to aid your writing.

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Get 3+ Free Dissertation Topics within 24 hours Crafting a successful dissertation can take months, and this makes it essential to start out on the right foot. That's why we've assembled this guide on crafting a criminology dissertation in order to make the writing experience as easy and successful as possible. Visit our criminology dissertation examples pdf mentioned below to gain a better understanding. Example: 1   Investigating Cyberbullying and its Impact on Adolescent's Mental Health

Example: 2   Analysing the Abuse of Corporate Veil: A Comparative Analysis Note : Below is a complete guide with some more examples and tips for you to ace the skill of first class dissertation writing.

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What is a First-Class Dissertation?

A dissertation that satisfies the highest criteria is considered to be first-class writing. It exhibits in-depth knowledge of the topic, the capacity to assess and analyze facts critically, and a solid command of written English.

A first-class dissertation is frequently cited as a standard for other students to strive towards and is normally scored at 70% or above.

How to Write a First-Class Dissertation

A 1 st class dissertation involves a lot of planning and preparation. Several steps can be taken to guarantee that your work satisfies the highest standards:

1.    Choose a Topic

Selecting an intriguing and relevant topic is the first step in writing a top-notch dissertation. Pick a subject that interests you deeply and offers much room for research and analysis. Additionally, it's critical to pick a narrow topic because a broad subject might make it challenging to provide all vital details in depth.

To create an intriguing and unique title for your dissertation, navigate through this link.

• How To Write a Unique Dissertation Title?

2.    Conduct Research

Following the selection of your topic, you must do thorough research. Reading scholarly journals, books, and other pertinent materials may be necessary. You should also speak with your supervisor or other professionals to ensure you are well-versed in the field.

3.    Plan and Organize Your Work

Before you start writing your dissertation, planning and organizing your work is important. It can involve creating an outline or a mind map and breaking down your work into manageable sections. You should also set deadlines to ensure you stay on track.

4.    Write Your Dissertation

Once your work has been structured and organized, you can begin writing your dissertation. It's crucial to write plainly and precisely, use formal language, and properly cite your sources . Additionally, ensure your writing is well-organized, with specific headers and subheadings that lead the reader through your dissertation. You can get assistance from published first-class dissertation examples to break down the structure.

5.    Edit and Proofread

Proofreading your work saves you from big blunders. It will help ensure that your work is error-free and meets the highest possible academic standards. You should also ensure that your referencing is accurate and that you have followed the appropriate citation style .

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Structuring a first-class dissertation.

Following a dissertation structure is essential to ensure your work is well-structured, understandable, and up to the requirements. Here is an example of a dissertation's typical format:

• Title page: It should include the title of your dissertation, your name, and the submission date.
• Abstract: It summarises your dissertation, typically around 300 words. It overviews your research question, methodology, findings, and conclusion.
• Table of contents: The content table list all the chapters and sections of your dissertation, with corresponding page numbers.
• Introduction: Introduces your research question and provide some background on the topic. It should also outline your research aims and objectives and provide an overview of the structure of your dissertation.
• Literature review: The literature chapter critically analyses the existing research on your topic. It identifies key themes, trends, and debates and provides a clear understanding of the field's current state.

Check out how to write a proper literature review here .

• Methodology: This chapter should describe the methods you used to conduct your research. It should explain your research design, sample selection, data collection methods, and data analysis techniques. It should also discuss any ethical considerations.
• Findings: Your results should be clearly and succinctly presented in this chapter. To exhibit your data and clearly explain what your findings indicate, you should utilize graphs, charts, and tables.
• Discussion: Your findings should be interpreted in this chapter within the framework of the evidence of previous research. The implications of your findings should be discussed, along with any limitations or topics for further investigation.
• Conclusion: It should summarize your key findings and arguments and clearly answer your research question. You should also discuss the broader implications of your research and identify any areas for further research.
• References: List all the sources you cited in your dissertation using an appropriate citation. You can check out this article for a complete understanding of different citation styles and how to use them.
• Appendices: These include any additional information relevant to your dissertation but did not fit in the main body of the text, such as survey questionnaires or interview transcripts.

To get a detailed description of appendices, make sure to check this article.

• How to write the appendix of a dissertation?

Remember to check your university's dissertation structure and formatting guidelines, as these may vary between institutions. Top of Form

First Class Dissertation Example

Writing a dissertation without prior knowledge can cost you grades or reputation regarding your skills. So, make sure to go through 1 st class dissertation examples before starting your own, as it can benefit you in writing, structuring, and new information.

Here we are sharing one of the successfully crafted first-class dissertation examples written by our professional scholars at Premier Dissertations.

Dissertation Example: Assessing the market stock forces in the Hartlepool area, in terms of supply and demand in relation to first buyers

This First class dissertation example related to the MBA field delves into analyzing market stock forces in the Hartlepool area concerning the supply and demand of first-time buyer properties. The dissertation provides an extensive literature review of previous research conducted in the field and original research, which involved a survey of local estate agents and property developers.

According to the research, there is a high demand for homes for first-time buyers in the Hartlepool region but a shortage of suitable homes for sale. The current economic environment, governmental regulations, and local market circumstances are some of the causes of this supply shortage. To better serve the demands of first-time purchasers, the local housing market may be modified according to the dissertation's recommendations. The recommendations include spending on low-cost housing and improving access to mortgage finance. The dissertation offers a useful case study that deepens our comprehension of the complexities of regional housing markets, particularly concerning the difficulties faced by first-time purchasers.

In conclusion, meticulous research, critical analysis, and an organized presentation of the findings are necessary for a top-notch dissertation. To guarantee that your dissertation satisfies the necessary academic quality, following the rules and specifications established by your university is essential.

Writing a first-class dissertation might be challenging, but it is a great chance to hone your research talents, critical thinking skills, and academic knowledge. You can create a dissertation that satisfies the highest academic standards and advances your field of study through preparation, thorough research, and rigorous attention to detail.

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Dissertation Examples For Different Academic Levels

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It is not compulsory to write a dissertation at an undergraduate level. However, some fields, like social sciences, may require you to write one. They are generally 8000–15000 words long. If you are an undergraduate student looking for inspiration, you can view our subject-wise samples.

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PhD dissertations are the most complicated and are compulsory to get a doctorate degree. You have to include proper references and appendices. It is typically around 70000–100000 words. Don’t feel anxious, though. You can use our samples for inspiration, and if it is not enough, our experts will be happy to assist you with writing one.

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How to Write a First Class Law Dissertation – Complete Guide

• November 18, 2010

“Protection of the Right to a Fair Trial and Civil Jurisdiction: Permitting Delay, Restricting Access and Recognising Incompatible Judgments”.

Below is my honours law dissertation together with tips and a very special video from an ex-Cambridge professor at the end. Enjoy!

And if you have any legal blog posts you’d like to share (whether after you have submitted your dissertation or before), please get in touch – our goal is to help share great legal information online to improve legal understanding and access to justice around the world.

And see also our lists of The Best Law Schools in the World and  Top 10 Law Schools in the UK that aspiring law students may find of interest.

How to write a first class legal dissertation: Content and Structure

Three tips can be suggested to get you started on the right foot:

First, research the subject in which you are most interested in writing about for your dissertation, then choose a sufficiently narrow angle to approach the subject or choose something that hasn’t been discussed much before.

Second, collect, or print out or photocopy all relevant materials which discuss that narrow subject.

Third, plan rough headings for sub-topics within the main subject. While the contents below were finalised towards the end of the writing process, the rough structure was formulated at an early point in the writing process. This is how many academics write their books: they provide themselves with lots of headings and subheadings, then chip away at the work, bit by bit until complete.

Examples contents for “Protection of the Right to a Fair Trial and Civil Jurisdiction: Permitting Delay, Restricting Access and Recognising Incompatible Judgments” are as follows:-

1. INTRODUCTION

2. ARTICLE 6: THE RIGHT TO A FAIR TRIAL

2.1. Substantive Elements 2.2. Procedural Operation: Direct and Indirect Effect 2.3. The Human Rights Act 1998

3. REASONABLE TIME

3.1. Introduction 3.2. Framework under Article 6 3.3. Conflict with Lis Pendens: Erich Gasser 3.3.1. Delay in the Italian Court 3.3.2. A Clash of Treaties 3.3.3. Future Application 3.4. Conflict with Forum non Conveniens 3.4.1. General Operation 3.4.2. First Limb of Spiliada 3.4.3. Second Limb of Spiliada 3.5. Conclusions

4. ACCESS TO A COURT

4.1. Operation in Article 6 4.2. Anti-Suit Injunctions 4.3. Exclusive Jurisdiction Agreements and Waiving Convention Rights 4.4. Limitations on Jurisdiction 4.5. Conflict with Forum non Conveniens 4.6. Owusu v Jackson 4.7. Conclusions

5. RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

5.1. Recognition of Contracting State Judgments 5.2. Recognition of Non-Contracting State Judgments 5.2.1. European Court of Human Rights 5.2.2. House of Lords 5.4. Conclusions

6. CONCLUSIONS

7. BIBILIOGRAPHY

7.1. Table of Cases 7.2. Table of Legislation 7.3. Table of Conventions 7.4. Textbooks 7.5. Articles

Writing your introduction

Together with the conclusion, the introduction is one of the most significant pieces of a dissertation that you have to get right. A well-written introduction can make all the difference between a first class and an upper second.

If you take just one thing away from this series of posts, it is this. You can develop a better stream of communication with your reader, forming a better relationship, if you tell them what you are going to say (introduction), say it (main body), then tell them what you have said (conclusion).

So, to the introduction, set the scene as fast as possible then tell the reader what you are going to say, but don’t be so amateurish as to write “I am going to discuss X, Y and Z”. Be more indirect. Suggest, for instance, that there are problems with the law that need to be resolved.

1. INTRODUCTION Long since inevitable initial encounters, human rights concerns, particularly regarding the right to a fair trial under Article 6 of the European Convention of Human Rights (ECHR), have been accelerating in today’s civil jurisdiction and judgments arena in the United Kingdom, a notable consequence of the passing of the Human Rights Act (HRA) 1998. More than six years from the Act’s coming into force, it is now imperative to reach conclusions which reflect the “importance attaching in today’s world and in current international thinking and jurisprudence to the recognition and effective enforcement of individual human rights,” as Mance LJ (as he then was) has noted. This necessity is reflected in the recent extensive consideration of the right to a fair trial in key works of some of the most authoritative conflict lawyers in the United Kingdom, including Sir Lawrence Collins, Professor Adrian Briggs and, most significantly, Professor James Fawcett. Methods of protecting the right to a fair trial and thus of avoiding a breach of Article 6 are irrelevant to the European Court of Human Rights (ECtHR); the Court is not concerned with reviewing under the Convention in abstracto the law complained of, but rather the application of that law. There is therefore a large amount of discretion afforded to the courts regarding techniques to avoid infringement of the Convention. In the context of civil jurisdiction and judgments, various methods of avoiding infringement, or indeed enabling protection, of the right to a fair trial exist. However, the extent to which these have been used in practice, both by the UK courts and the ECJ, has been limited, a result of various factors, the most striking of which being the wrongful application of the ECHR and even the conscious decision to ignore it. Before analysing specific fair trial concerns in detail, it is necessary to examine the general structure and operation of Article 6 as it applies to civil jurisdiction and judgments.

Chapter 1: Setting the scene

Depending on the nature of your dissertation, you may need to set the scene further. In a legal dissertation, by “scene” is meant the bits of law that are relevant to set up key arguments in the main body of the dissertation. With this example dissertation, the target readership was, for various reasons, international private law experts. Because human rights law was a key part of the debate, the relevant law had to be set out in such detail that the chapters following it could discuss, for instance, the right to a fair trial and the doctrines of direct and indirect effect without any need for constant repetitive explanation.

2. ARTICLE 6: THE RIGHT TO A FAIR TRIAL 2.1. Substantive Elements Article 6(1) ECHR provides inter alia that “[i]n the determination of his civil rights and obligations…everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law….” The ECtHR has reverberated that “the right to a fair administration of justice holds such a prominent place” that Article 6 should not be interpreted restrictively. Instead, the seemingly distinct provisions of Article 6 are not discrete, but are “rights which are distinct but stem from the same basic idea and which, taken together, make up a single right not specifically defined in the narrower sense of the term.” This single right is the title of Article 6: the “right to a fair trial.” This right comprises two particularly significant elements important in the context of civil jurisdiction and judgments. First, the right to a trial within a reasonable time. Expressly stated in Article 6(1), this right may be pertinent where proceedings are stayed in favour of a foreign court. Second, access to a court, an inherent element of Article 6(1). This may have relevance where access is denied to the UK courts through, for example, staying proceedings, or restraining foreign proceedings. 2.2 Procedural Operation: Direct and Indirect Effect Article 6 can operate through a number of mechanisms in the civil jurisdiction and judgments context, which must be distinguished for analytical purposes. First, through direct effect, where there is direct protection of a party’s right to a fair trial in the domestic courts themselves. Such protection is strong and somewhat easier to obtain because there is no test for the seriousness of the breach. Such infringement may occur through a refusal of access to the UK courts, which refusal may emanate from, inter alia, an exclusion of jurisdiction or stay of proceedings. Second, through indirect effect, where a person is transferred to another country where his right to a fair trial may be infringed in that country. In Soering v United Kingdom the ECtHR emphasised that it was for Member States to secure Convention rights of persons within their jurisdiction, but that this obligation did not extend to non-Contracting States, nor should it seek to impose ECHR standards on such States. Thus, for example, in respect of deportation of a person to the United States of America from England, there may be an indirect breach of Article 6, but only where the transfer creates or risks creating a flagrant breach of the claimant’s right to a fair trial in that other country. In presenting an argument for the creation of such risk, it is axiomatic that a strong compilation of evidence is essential, with reference to the circumstances of both the case and proceedings of the court in question. The difficulty with such an argument in the civil jurisdiction sphere is that stays of proceedings concern transfers of actions abroad, not persons. Notwithstanding, arguments for the application of the indirect effect doctrine in this context are still applicable because the situations are “essentially the same.” Indeed, it could be argued that staying proceedings amounts to a transfer of persons through effective compulsion. Nevertheless, no authority exists for this argument and indeed the indirect effect doctrine itself has not been successfully relied upon in an Article 6 context before the (former) Commission or ECtHR. Third, through indirect effect where enforcement in a Contracting State of a judgment from a foreign State, whether Contracting or non-Contracting, would breach Article 6 because that judgment itself breached Article 6 standards. It has been stated that such a breach by the foreign court must also be a flagrant one. However, the reasoning underlying this proposition is unclear and, as with many matters in the civil jurisdiction and judgments sphere, there are concerns as to the extent to which the right to a fair trial can be upheld in this respect. 2.3 The Human Rights Act 1998 The Convention rights, including Article 6, now have the force of law in the United Kingdom under the HRA 1998. The Act places two initial express duties on the UK courts: first, the duty to read and give effect to primary and subordinate legislation in a way compatible with the Convention rights, if possible; second, the duty to take into account inter alia any previous judgment of the ECtHR in determining proceedings which have a Convention right element, insofar as it has relevance to those proceedings. Moreover, under Section 6(1) of the HRA 1998, it is unlawful for a public authority, including a court, to act in a way incompatible with a Convention right. This is a significant duty on the courts, which indeed sparked considerable academic debate as to the Act’s impact on private commercial disputes. Thus, the courts have a duty to interpret and apply the common law or any exercise of discretion compatibly with the right to a fair trial under Article 6. Ultimately, this may amount to a positive duty to develop the common law, extending beyond mere interpretation of the common law to conform to the Convention principles. Notwithstanding this rather stringent theoretical framework for the courts upholding the right to a fair trial, there has been a lack of consistency in its practical impact in the field of civil jurisdiction and judgments. Endnotes *Converting c300 footnotes on a Microsoft Word document to a WordPress post is not feasible for this blawgger. They are, therefore, pasted below as endnotes. The full dissertation is available in the Juridical Review, vol 1 of 2008 pp15-31 Delcourt v Belgium (1979-80) 1 EHRR 355, at [25]; indeed, the principles of due process and the rule of law are fundamental to the protection of human rights (Clayton and Tomlinson: 2000, p550,) just as a fair trial is a fundamental element of the rule of law (Ovey and White: 2002, p139.) Golder v. United Kingdom [1975] ECHR 1, at [28]. Ibid., at [36]. Such cases can be labelled “domestic” ones: Government of the United States of America v Montgomery (No 2) [2004] UKHL 37, at [15], per Lord Bingham. R (Razgar) v Special Adjudicator [2004] AC 368, at [42]. Soering v United Kingdom (1989) 11 EHRR 439. Ibid., at [113]; this test has been followed subsequently: e.g. Einhorn v France (no.71555/01, 16 October 2001) at [32], Tomic v United Kingdom (no.17837/03, 14 October 2003) at [3]. Fawcett; 2007, p4. Ibid. Montgomery (n12); Drozd and Janousek v France and Spain (1992) 14 EHRR 745, p795; cf. Pellegrini v Italy [2001] ECHR 480. HRA 1998, s3(1). Ibid., s2(1)(a); such previous decisions are not binding; notwithstanding, as Lord Slynn observed in R (Alconbury Developments Ltd) v Secretary of State for the Environment [2001] 2 WLR 1389 at [26]: “[i]n the absence of some special circumstances it seems to me that the court should follow any clear and constant jurisprudence of the [ECtHR].” Ibid., s6(3)(a). Wade: 2000; Lester and Pannick: 2000. Such discretion should be “exercised with great caution and with close regard to the overall fairness of the proceedings”: R v Jones [2003] AC 1, at [6], per Lord Bingham. HL Deb vol.583, p783 (24 November 1997); Grosz, Beatson and Duffy: 2000, para.4.56; cf.. Derbyshire CC v Times Newspapers Ltd [1992] QB 770. Grosz, Beatson and Duffy: 2000, para.4.59.

Main Body Part 1

Next follows the first main chunk discussing and debating the title of the dissertation. To maintain structure, even this sub-section of the dissertation has its own introduction, some degree of scene-setting with Art 6 in the particular context of the chapter, argument through various levels and conclusions.

3. REASONABLE TIME 3.1. Introduction It has been stated that “excessive delays in the administration of justice constitute an important danger, in particular for the respect of the rule of law” and for the legal certainty of citizens. This importance is reflected in the express protection of the reasonable time requirement in Article 6. There have been recent challenges in the civil jurisdiction context on this ground, the most significant of which being raised in Erich Gasser GmbH v Misat Srl, concerning conflict with lis pendens. A further instance, the common law doctrine of forum non conveniens has been suggested to be so incompatible, which would therefore have implications for the doctrine in its now very limited common law habitat. 3.2. Framework under Article 6 In civil cases, time starts to run when the proceedings are instituted and stops when legal uncertainty has been removed, which normally requires that the final appeal decision has been made or the time for making an appeal has expired. It is generally accepted that the correct approach is to decide whether the overall delay is prima facie “unreasonable” for the type of proceedings concerned and thereafter consider whether the State is able to justify each period of delay. In assessing such justification, the limited guidelines indicate that all the circumstances will be considered, with particular regard to the complexity of the case and the conduct of the applicant and judicial authorities in addition to the behaviour of other parties to the case and what is at stake in the litigation for the applicant. Generally, where proceedings are stayed, there are three stages which must be distinguished for determining delay. First, the proceedings before the domestic court. Any unjustifiable delay at this point would amount to a direct breach of Article 6. Second, the transfer of proceedings to the foreign court. Delay at this stage would be less justifiable where, for instance, there was known to be a heavy backlog of cases. Notwithstanding, the “normal lapses of time stemming from the transfer of the cases” are not to be regarded as unjustified. Third, the proceedings before the foreign court. At the second and third stages, although any unreasonable delay by the foreign court will amount to a direct breach by that court, there could also be an indirect breach by the domestic court, but only to the extent that the party suffered, or risked suffering, a flagrant breach. Endnotes Committee of Ministers of the Council of Europe, Resolution DH (97) 336, 11 July 1997. Fabri and Langbroek: 2003, p3. C-116/02 [2005] QB 1. Opinion of AG Léger in Owusu v Jackson C-281/02 [2005] QB 801 at [270]. A sist by the Scottish courts through forum non conveniens can be made where jurisdiction is founded on Art.4 of the Judgments Regulation or Convention: Collins et al: 2006, para.12-023. Moreover, a sist can be made on the ground that the courts of England or Northern Ireland are the forum conveniens, because intra-UK jurisdiction can be so settled: Cumming v Scottish Daily Record and Sunday Mail Ltd, The Times, 8 June 1995; Collins: 1995. Scopelliti v Italy (1993) 17 EHRR 493, at [18]. Vocaturo v Italy [1991] ECHR 34. E.g. fewer than six years for a reparation action (Huseyin Erturk v Turkey [2005] ECHR 630.) Clayton and Tomlinson: 2000, p654; Harris, O’Boyle and Warbrick: 1995, p229. Eckle v Germany (1983) 5 EHRR 1, at [80]; an obvious consideration being delay in commencing proceedings. Buchholz v Germany [1981] ECHR 2, at [49]. Foti v Italy (1982) 5 EHRR 313, at [61]. Zimmermann and Steiner v Switzerland [1983] ECHR 9; Guincho v Portugal [1984] ECHR 9; cf. Buchholz (n36), at [61], where the backlog was not reasonably foreseeable; exceptional circumstances were taken into account in Foti (n37) as a result of troubles in Reggio Calabria, which impacted proceedings in the courts in Potenza, to which cases had been transferred. Foti (n37), at [61]. Soering (n14) at [113].

Having set the scene, it is time to delve straight into comment and opinion, drawing on relevant facts and law where required. Where possible, suggest ways in which events or decisions could have been improved and do not be afraid to say that commentators, judges or even powerful institutions, like the ECJ, got it wrong.

3.3. Conflict with Lis Pendens: Erich Gasser Erich Gasser v MISAT concerned the validity of a choice-of-court agreement in favour of the Austrian courts where one party had first seised the Italian courts by way of negative declaration. Second seised, the Austrian Court sought a reference from the ECJ on, inter alia, whether it must stay its proceedings under lis pendens where the proceedings in the court first seised generally take an unreasonably long time, such that there may be a breach of Article 6. Both the claimant and the intervening UK Government invoked the ECHR, arguing that Article 21 of the Brussels Convention should be interpreted in conformity with Article 6 ECHR to avoid excessively protracted proceedings, given that proceedings in Italy were likely to take an unreasonably long time. Through this interpretation, it was argued that Article 21 should not be applied if the court first seised had not determined its jurisdiction within a reasonable time. In a very short response, the ECJ effectively said that the ECHR did not apply because first, it is not expressly mentioned in the Brussels Convention and second, there is no room for it in a collection of mandatory rules underpinned by mutual trust between Contracting States. 3.3.1. Delay in the Italian Court However, it may be seen that the stay de facto risked at least a standard breach in the Italian court. The Italian courts have been held in breach of Article 6 a staggering number of times because of unreasonable slowness. The existence of these breaches amounted to a practice incompatible with the ECHR and produced the notoriety of the Italian legal system as “the land that time forgot.” Indeed, the practice of seising the Italian courts first by way of negative declaration has become known as instituting an “Italian torpedo,” which may succeed in delaying proceedings substantially even where the Italian courts have no jurisdiction. It has already been noted that evidence is crucial in determining a real risk of a breach of Article 6. Instead, in Gasser, human rights arguments were based upon a general breach of the reasonable time requirement in Italian courts. Moreover, no ECtHR case law was relied upon when so arguing, nor was mention made of previous breaches. Therefore, a very weak argument, if any, was laid before the ECJ in respect of a risk of a breach. In effect, the ECJ was being asked something tantamount to whether there should be an exception to Article 21 in respect of certain Member States, a question justifiably answered in the negative. However, if the arguments had been more focussed, concentrating on the present case, with evidence to show the likelihood of breach in the Tribunale civile e penale di Roma, then the ECJ may have been more persuaded by Article 6 considerations, as Fawcett suggests. Notwithstanding previous delays, efforts have been made to reduce the backlog of cases. This is somewhat owing to Article 13 ECHR, which requires Contracting States to provide persons with an effective national remedy for breach of a Convention right. Such domestic remedies assist in reducing further breaches and ultimately reduce the need for the indirect effect doctrine. Thus, the Italian “Pinto Act” was passed, providing a domestic legal remedy for excessive length-of-proceedings cases. The existence of this remedy may have gone towards justifying application of Article 21, which indeed was one of the questions referred to the ECJ by the Austrian Court, although unanswered. 3.3.2. A Clash of Treaties Nevertheless, given that the ECJ so held that Article 6 considerations were irrelevant, there may be further legal implications, particularly for the Austrian Court which was required to stay its proceedings under the Brussels Convention. If this stay created or risked creating a flagrant breach of the reasonable time requirement in the Italian Court, Austria may itself have breached Article 6 indirectly. Such an indirect breach is clearly not justifiable on the ground that Austria is party to the Brussels Convention or Regulation made under the European Treaties. Hence, the judgment may lead to a clash between the ECHR and Brussels Convention or Regulation. This in turn raises the questions of how and to what extent the Brussels Convention or Regulation could have been interpreted to give effect to Article 6. Formerly Article 57 of the Brussels Convention, Article 71 of the Brussels Regulation provides inter alia that “(1) [t]his Regulation shall not affect any conventions to which the Member States are parties and which in relation to particular matters, govern jurisdiction or the recognition of judgments.” Although the ECHR is not prima facie a Convention governing jurisdiction, all Member States are party to it and Article 6 contains the inherent right of access to a court. Thus, as Briggs and Rees argue, this may have application where a court with jurisdiction is prevented from exercising that jurisdiction in a manner compatible with the ECHR. Therefore, in Gasser Article 71 may have been applied to allow Austria to act in accordance with its obligations under the ECHR. This approach is complemented by Article 307 (ex 234) EC such that Article 21 or 27 of the Brussels Convention or Regulation respectively can be overridden by a Convention previously entered into, including the ECHR. Further, this conclusion is even more realistic in light of the jurisprudence of the ECJ, which is peppered with notions of protection for fundamental rights, and the express protection of these rights in Article 6(2) EC. Instead of even contemplating such an outcome, the ECJ showed that it was prepared to ignore a significant international convention. Perhaps, in addition to mutual trust between Contracting States, mutual recognition of international conventions should have been considered, especially due to the express provisions permitting such consideration. Endnotes Those having a duration of over three years: Gasser (n28), at [59]. At [71]-[73]. See Ferrari v Italy [1999] ECHR 64, at [21]. Ferrari (n46), at [21]; Article 6 imposes on the Contracting States the duty to organise their judicial systems in such a way that their courts can meet the requirements of the provision (Salesi v Italy [1993] ECHR 14, at [24].) Briggs and Rees: 2005, Preface to the Fourth Edition, p.v. Messier-Dowty v Sabena [2000] 1 WLR 2040. Franzosi: 1997, p384. Transporti Castelletti v Hugo Trumpy, C-159/97, [1999] ECR I-1597. Supra p4. Opinion of A.G. Léger in Gasser, at [88]. When Gasser came before the ECJ, there was already a delay in Italian proceedings of 3½ years in determining jurisdiction. Fawcett: 2007, p15. Kudla v Poland [2000] ECHR 512. Fawcett: 2007, p4. Law no.89 of 24 March 2001. However, even this has breached Article 6(1): Riccardo Pizzati v Italy [2006] ECHR 275, at [66]; Mance suggests that the Act only partially solved if not repatriated the ECtHR’s overwhelming number of claims in this respect (Mance: 2004b, p357.) Notwithstanding, since 1999, there has been a trend of continuous breach, the ECtHR having adopted more than 1,000 judgments against Italy (Riccardo Pizzati, at [66].) As Briggs and Rees note, the ECHR “might as well have been part of the law of Mars for all the impact it had.” (Briggs and Rees:2005, para.2.198.) Soering (n14), at [113]. Matthews v United Kingdom [1999] ECHR 12. Hartley: 2005b, p821 n35; the most important example of a conflict of treaties: Hartley: 2001, p26. Briggs and Rees: 2005, para.2.38. An approach recognised by both Mance (Mance: 2004a, paras.6-7) and Hartley (Hartley: 2005a, p383.) ERT v DEP C-260/89 [1991] ECR I-2925, at [41]; “Bosphorus Airways” v Ireland (2006) 42 EHRR 1,at [73]; particularly for Article 6: Philip Morris International Inc v Commission of the European Communities [2003] ECR II-1, at [121].

Tip: Suggest Improvements for the Future

It may be that, in the course of the research for your dissertation, you discover previous decisions and actions that may happen again in the future. You may want to suggest that there is such a risk in the future and that there are ways in which that risk can be guarded against. You may also want to state challenges with implementing such safeguards. For instance, in the below section, there is comment that the ECJ is, sometimes, so myopic that its stance won’t budge.

3.3.3. Future Application The ECtHR has held that a failure by a national court to make a preliminary reference to the ECJ could be a breach of Article 6 ECHR in certain circumstances. Thus, it is arguable that where similar facts to Gasser arise again, the domestic court may have to make a reference to the ECJ, and in doing so, show cogent evidence of the risk of a flagrant breach, unlike that presented to the ECJ in Gasser. In this context, the ECJ will have another chance to take human rights seriously, with the opportunity to apply Article 307 EC complementing Article 71 of the Brussels Regulation and jurisprudence both of the ECJ and ECtHR. Notwithstanding, given the ECJ’s swift dismissal of human rights concerns in Gasser in favour of the inflexible system of lis pendens, it appears unlikely that it would permit exception in the future. For the ECJ legal certainty under the Brussels regime is clearly more significant than legal certainty either through party autonomy under jurisdiction agreements or through the right to a fair hearing within a reasonable time. As Merrett notes, “[t]he ECJ simply does not see questions of jurisdiction as being concerned with private rights at all,” a stance which will need to change, particularly in light of the pressing atmosphere of today’s human rights culture. Endnotes Soc Divagsa v Spain (1993) 74 DR 274. Legal certainty is perhaps more significant under the Brussels Regulation, particularly illustrated by the addition of Article 30. Cf. A.G. Léger in Gasser, at [70]. Merrett: 2006, p332. Hartley notes that this is perhaps not surprising given that the ECJ is more concerned with public law, and as such, should be expected to give more weight to State interests, rather than the interests of private parties (Hartley: 2005b, pp814-815.)

Take a proposition that has never been discussed and debate it

Another thing that truly separates a first class dissertation from a second class one is discussion of ideas and issues that have never before been discussed. The following is an example of such a proposition and discussion, all of which stemmed from one footnote in an academic article that said a certain proposition “had never been discussed before in the courts of the UK”. Finding this loophole was essential to the dissertation’s success.

3.4. Conflict with Forum non Conveniens An export of Scots law, forum non conveniens was accepted into English law in Spiliada Maritime Corporation v Cansulex Ltd, becoming indistinguishable from Scots law. Under the Spiliada test, there are two stages: first, the defendant must show that there is some other available forum which is clearly more appropriate for the trial of the action, upon which a stay will ordinarily be granted; second, upon the first stage being satisfied, it is for the claimant to show, through cogent evidence, that justice requires that a stay should not be granted. Advocate General Léger has suggested explicitly that the forum non conveniens doctrine, as operating under this Spiliada test, may be incompatible with Article 6, given that the steps involved for the claimant in its application “have a cost and are likely considerably to prolong the time spent in the conduct of proceedings before the claimant finally has his case heard.” Although the UK courts have never discussed this proposition, there is a potential that forum non conveniens is indeed incompatible with the reasonable time requirement in Article 6. 3.4.1. General Operation Since the place of trial is decided through the exercise of judicial discretion, it is axiomatic that additional cost and time will be incurred in the domestic court, which may appear somewhat inappropriate in light of the parties having to “litigate in order to determine where they shall litigate.” Notwithstanding, given that the same forum will rarely be in the best interests of all parties, particularly highlighted by different choice of law rules, choice of forum is of crucial importance and rightfully so contested. In this respect alone, the time and cost involved may be justified. Moreover, it should be noted that it is the defendant who asks for a stay, thus incurring additional expenses, which expenses he might be expected to pay. Application for a stay is usually, and perhaps ought to be, made early. Procedural time-limits are set for such an application, despite the court retaining its discretionary power to stay proceedings. Notwithstanding, the longer an application is left, the greater the threat of the proceedings not being aborted as a matter of judicial reluctance. Moreover, if Lord Templeman’s view that submissions should be measured in hours not days with the rarity of appeals holds true, such time and expense should be contained to a minimum. This can be contrasted with the American experience of the doctrine, where forum non conveniens can produce forum battles that can last for years, such that the doctrine may even be labelled a “delaying tactic.” 3.4.2. First Limb of Spiliada As noted, there are various circumstances which can justify delay under Article 6. In assessing the complexity of a case, consideration is given to the number of witnesses , the need for obtaining expert evidence and the later intervention of other parties. It can be seen that these factors mirror the appropriateness factors considered under the first limb of the Spiliada test. Thus, in Lubbe v Cape Industries Plc the emergence of over 3,000 new claimants gave greater significance to the personal injury issues, the investigation of which would involve a cumbersome factual inquiry and potentially a large body of expert evidence, such that South Africa was rightfully identified as the most appropriate forum under the first limb of Spiliada. Moreover, in Spiliada, similar litigation had already taken place over another vessel, the Cambridgeshire, such that the proceedings would be more appropriate in England. Termed the “Cambridgeshire factor,” it is persuasive where advantages of “efficiency, expedition and economy” would flow naturally from the specialist knowledge gained by the lawyers, experts and judges in the related proceedings. However, successful use of this factor has been extremely rare. Although conveniens means “appropriate”, not “convenient”, considerations of convenience and expense are still relevant. Thus, in both The Lakhta and The Polessk , a stay was granted because the dispute could be resolved more appropriately in the Russian Court at far less expense and far greater convenience for those involved, in light of, inter alia, the availability of witnesses and other evidence. Further, speed of a trial itself may be decisive in balancing appropriateness factors. For example, in Irish Shipping Ltd v Commercial Union, although the courts of both England and Belgium were appropriate, the dispute could be resolved more quickly in the English court given the more complex position of the plaintiff’s title to sue under the governing law in Belgium; therefore a stay of the English proceedings was refused. Moreover, the availability of an early trial date is material in determining the most appropriate forum ; indeed, “speedy justice is usually better justice.” It can therefore be seen that the factors considered in the first limb of the Spiliada test reflect the justifications for delay under the reasonable time requirement of Article 6(1) and indeed consideration of these factors may result in an overall speedier trial. Hence, determining whether or not to apply the forum non conveniens doctrine is more than justifiable. Further, it is worth considering whether delay by the foreign court itself can be avoided. Endnotes Sim v Robinow (1892) 19 R 665. [1987] AC 460. Crawford and Carruthers: 2006, pp157-158. Spiliada (n13), pp474-477. Opinion of A.G. Léger in Owusu (n29), at [270]. Hare perceives that paragraph 42 of Owusu is “strangely reminiscent” of A.G. Léger’s suggestions: Hare: 2006, p172 n.96. Fawcett; 2007, p9. Slater: 1988, p554; Robertson: 1987, p414; Zhenjie: 2001, p157. Cf. Spiliada (n72), p464 per Lord Templeman. Crawford and Carruthers: 2006, p157. Bell: 2002, paras.2.40-2.42, 2.58. Svantesson: 2005, pp411-412. Briggs and Rees: 2002, p220. Despite potential for re-application: Owens Bank Ltd v Bracco [1992] 2 AC 433, p474. E.g. in England, CPR Part 11. Ibid., r.3.1(2)(f). Briggs and Rees: 2005, pp324-325. Spiliada (n72), p465. E.g. Lacey v Cessna Aircraft (1991) 932 F.2d 170. Green: 1956, p494. Supra p8. Andreucci v Italy [1992] ECHR 8. Wemhoff v Germany (1968) 1 EHRR 55. Manieri v Italy [1992] ECHR 26. [2000] 1 WLR 1545. [2000] 2 Lloyd’s Rep. 383, p391; however, a stay was not granted because substantial justice could and would not be done in the South African forum under the second limb of Spiliada, see infra p25. Spiliada (n72), p469. Ibid., p486. Collins et al: 2006, para.12-030 n.34. The Atlantic Star [1974] AC 436, p475; Spiliada (n72), pp474-475. Hill: 2005, para.9.2.23; wastage of cost is an important consideration in granting a stay, whether under forum non conveniens or not (Carel Johannes Steven Bentinck v Lisa Bentinck [2007] EWCA Civ 175.) [1992] 2 Lloyd’s Rep 269. [1996] 2 Lloyd’s Rep 40. [1991] 2 QB 206. Ibid., p246. Xn Corporation Ltd v Point of Sale Ltd [2001] I.L.Pr. 35. Ibid., at [14]

Develop that new debate and get creative

As noted in the previous post, one of the most important breakthroughs in writing your dissertation can come from spotting a gap where something has not yet been discussed. Once writing to fill that gap, it may be helpful to ask yourself what other angles there are to the debate. Or think about if the matter went to an official debate or, for law dissertations, to court. Think about creative arguments that an advocate might run and try to develop them yourself. Such development can lead to your getting a first rather than a 2:1.

3.4.3. Second Limb of Spiliada Delay in the foreign forum is a fundamental consideration when determining the interests of justice at the second limb of the Spiliada test and may even be decisive if the anticipated delay is excessive. An example pertinent to justification under Article 6(1) is The Jalakrishna, where a delay of five years was anticipated if the case was tried in India, such that the claimant would be prejudiced given his need for financial assistance in light of his critical injuries in an accident. Thus, a stay was not granted, showing respect for both a potential delay itself and what was at stake for the claimant. Notwithstanding, such cases are rare. For example, in Konamaneni v Rolls-Royce Industrial Power (India) Ltd, Collins J (as he then was) recognised that the Indian legal system had made attempts to reduce its backlog of cases, such that in the absence of sufficient evidence of an anticipated delay, it would indeed be a “substantial breach of comity to stigmatise the Indian legal system in that way,” somewhat reflecting the principle that the claimant must “take [the appropriate] forum as he finds it.” Indeed, one of the major advantages of the forum non conveniens doctrine is that it offsets the judge’s tendency to grab as many cases as he can and it respects the valuable international private law principle of comity. As Lord Diplock stated in The Abidin Daver, “judicial chauvinism has been replaced by judicial comity.” However, the interests of States cannot always be reconciled with private party rights. When considering whether to stay proceedings, in light of Article 6, the interests of States should yield to the interests of private parties. Thus, if evidence is sufficient to show a real risk of a flagrant breach in the foreign forum, as was not presented in Gasser, a stay should not be permitted. Again mirroring reasonable time justifications under Article 6, additional considerations of what is at stake in the litigation may arise and authorities may have to exercise exceptional diligence in the conduct of certain cases. An ECtHR case, X v France shows that where a person sought compensation following infection with the AIDS virus, what was at stake was of crucial importance in determining the reasonableness of the length of proceedings. What is at stake will be relevant and probably decisive following a stay of proceedings under forum non conveniens, as The Jalakrishna shows. Notably, in Owusu v Jackson, where forum non conveniens was not permitted, what was at stake for Owusu was significant as he was rendered tetraplegic through his accident. It can therefore be seen that forum non conveniens takes a pragmatic approach to preventing foreseeable unreasonable delays under the second limb of Spiliada. Not only does this further justify operation of the doctrine under Article 6(1) through direct effect, it also greatly restricts, if not eliminates, the possibility of an indirect breach by the domestic court, given that the risk of a flagrant breach of the right to a fair trial is a fundamental factor of the interests of justice. Notwithstanding, herein there are still concerns in light of Professor Fawcett’s suggestion that a hybrid human rights/international private law approach should be taken such that Article 6 concerns should be identified first, taking into account ECtHR jurisprudence, and thereafter it should be for the flexible second limb of Spiliada to apply to resolve these issues. Fawcett concedes that the same result will be achieved in most cases, yet suggests that there may be borderline cases where this solution would work better and human rights concerns will have been taken more seriously. However, this need for procedural restructuring of judicial reasoning is arguably not wholly convincing, particularly given that the indirect effect doctrine under Soering requires a flagrant breach of Article 6, not merely a standard breach; it is therefore difficult to imagine the existence of any “borderline” cases as such. Moreover, in the cases of potential flagrant breaches, the interests of justice principle has been shown to be flexible enough to prevent stays which may breach Article 6 indirectly, regardless of the classification of the delay as a breach of human rights or otherwise. In this respect, it is arguable that the international private law case law could be adequately relied upon. Nevertheless, initial consideration of ECtHR jurisprudence may have more importance than in providing a mere procedurally attractive measure; it may guide and influence those who fail to see the pressing importance of human rights today and will at least effect compliance with the Section 2 of the HRA 1998 which demands that such jurisprudence be considered wherever Convention rights are in issue. Endnotes The Vishva Ajay [1989] 2 Lloyd’s Rep 558, p560; Chellaram v Chellaram [1985] 1 Ch 409, pp435-436; cf. The Nile Rhapsody [1992] 2 Lloyd’s Rep 399,pp413-414, where Hirst J gave “minimal weight to the delay factor” upon direction by the appellate courts. [1983] 2 Lloyd’s Rep. 628. Hill: 2005, para.9.2.38. [2002] 1 WLR 1269. Ibid., at [177]. Connelly v RTZ Corpn plc [1998] AC 854, p872. [1984] AC 398. Ibid., p411. A and others v Denmark [1996] ECHR 2, at [78]. [1992] ECHR 45. [1983] 2 Lloyd’s Rep.628. (n29). Notwithstanding, the ECJ’s taking 2¾ years to produce its judgment did not go towards acknowledging the express request by the English Court of Appeal to provide reasonably quick compensation. Of course, time taken for a required preliminary reference from the ECJ is entirely justified under Article 6 (Pafitis v Greece (1999) 27 EHRR 566, at [95].) Fawcett: 2007, pp36-37. Such that length-of-proceedings cases (see supra pp.7-8) should be consulted in the context of unreasonable delay. (n14).

Put your foot in the icy water: Don’t be afraid to come to powerful conclusions

A dissertation that is written with balanced conclusions is a boring one. Reasoned opinion is important. Nothing would get done in this world if we said “X is right, but Y is equally right, so let’s just leave things the way they are”. Sitting on the fence may well get you a good upper second class award but there is little chance of it getting you a first. A certain English teacher, Sandra MacCallum, at Kyle Academy once taught that, sometimes, “you’ve got to put your foot into the icy water”. Don’t be afraid to come to powerful conclusions. Hopefully the below example, with a reasonable, opinionated attack on the ECJ’s lack of respect for the common law principles of the Scottish export doctrine forum non conveniens, illustrates the significance of this suggestion.

3.5. Conclusions It is perplexing that in Owusu Advocate General Léger, and perhaps indirectly the ECJ, suggested that applying forum non conveniens may be incompatible with the “reasonable time” requirement of the right to a fair trial under Article 6(1), whereas analysis of its proper operation shows that it is compatible and may even be a useful tool in providing faster and more economic litigation. Although it is at least somewhat refreshing to see ECHR arguments being acknowledged in an international private law context without encouragement, it is nevertheless peculiar that Article 6 concerns have been identified in relation to forum non conveniens, “one of the most civilised of legal principles” as Lord Goff of Chieveley put it, when the ECJ did not properly apply or even consider Article 6 in Gasser, where the need for its recognition was much more significant. The ECHR is not an optional instrument that can be applied to justify a course of reasoning, however misguided, on the one hand and dismissed when apparently greater considerations require it on the other; careful legal analysis is required for its operation, which analysis does not appear to have been applied or even respected by the ECJ.

A fresh perspective

Separating a dissertation into manageable chunks from the initial stages of structural planning gives you freedom to start afresh to write about a different but related topic once concluding another section. Access to a court, for instance, is a separate right from the right for a trial to be heard and decided within a reasonable time. It, thus, merits a separate chapter with its own introduction, subsections and conclusions.

4. ACCESS TO A COURT 4.1. Operation in Article 6 The fair, public and expeditious characteristics of judicial proceedings expressed in Article 6 would be of no value at all if there were no judicial proceedings. Thus, referring to the rule of law and avoidance of arbitrary power, principles which underlie much of the ECHR, the ECtHR has held that the right of access to a court is an element inherent in Article 6(1). Although this right is not absolute, any limitation must not restrict access to such an extent that the very essence of the right is impaired, provided that a legitimate aim is pursued with proportionality between the limitation and that aim. The potential for this right to arise in the civil jurisdiction context is high, given the intrinsic nature of the operation of jurisdiction rules. 4.2. Anti-Suit Injunctions A denial of access to a foreign court and, therefore, a potential Article 6 violation will occur through the grant of an anti-suit injunction, which seeks to restrain foreign proceedings. This issue arose in The Kribi, where the claimants sought an anti-suit injunction to restrain Belgian proceedings brought in contravention of an exclusive jurisdiction agreement. Aikens J held that “Article 6…does not provide that a person is to have an unfettered choice of tribunal in which to pursue or defend his civil rights” . Moreover, “Article 6…does not deal at all with where the right to a [fair trial] is to be exercised by a litigant. The crucial point is that civil rights must be determined somewhere by a hearing and before a tribunal in accordance with the provisions of Article 6.” Therefore, a court granting an anti-suit injunction, in the very limited circumstances in which it can now do so, would not be in breach of Section 6 of the HRA 1988 where another available forum exists. Contrastingly, Article 6 challenges remain for the “single forum” cases, where there is only one forum of competent jurisdiction to determine the merits of the claim, despite the cases already being treated differently. In such a case, the exemplary approach of Aikens J would easily resolve such human rights issues. Ultimately, in a commercially welcome judgment, human rights arguments were made and received properly. Moreover, Aikens J “logically” dealt with the human rights points first. Hence the case is a working model for Fawcett’s hybrid approach where human rights should be considered first before international private law principles. Contrasting with stays producing concerns of unreasonable delays, in this context of access to a court there is more impetus to follow Fawcett’s model, particularly given that such denial of access can constitute a direct breach of Article 6, thus producing a more realistic threat of contravention of Section 6 of the HRA 1998. 4.3. Exclusive Jurisdiction Agreements and Waiving Convention Rights Another instance pertinent to Article 6 is where a person has no access to the courts of the UK because of the enforcement of an exclusive jurisdiction agreement. Convention rights can, in general, be waived, including the right of access to a court under Article 6, which can occur where a jurisdiction agreement or agreement to arbitrate is valid and enforceable, but not where a person entered into the agreement without voluntary consensus. Generally, rights will be waived under a jurisdiction agreement meeting the requirements of Article 23 of the Brussels Regulation. However, as Briggs and Rees note, there may be instances, somewhat unattractive, where a party is bound by such a jurisdiction agreement without voluntary consensus as such, such that his right of access to a court may not have been waived, reflecting the more prudent stance taken towards compulsory alternative dispute resolution. Notwithstanding, Article 6 will be upheld provided there is another available court. 4.4. Limitations on Jurisdiction It is axiomatic that limitations on jurisdiction may restrict access to a court. The ECtHR has held that limitation periods are generally compatible with Article 6, particularly for reasons of legal certainty, provided that they are not applied inflexibly. This compatibility should encompass a stay under forum non conveniens for a forum barred by limitation, which is granted only where the claimant was at fault by acting unreasonably in failing to commence proceedings in the foreign court within the applicable limitation period. Contrastingly, blanket limitations are a more difficult species. An example of a blanket exclusion on jurisdiction is the English common law Moçambique rule, which provides that title to foreign land should be determined only at the situs of the land. This may conflict with Article 6 because of a denial of access to an English court. Although this proposition may be unfounded, particularly where access to a court is available somewhere, the exclusion on jurisdiction may still be challenged on Article 6 grounds if disproportionate its aim. Such proportionality concerns were considered in Jones v Ministry of the Interior of the Kingdom of Saudi Arabia. Following Al-Adsani v United Kingdom , a blanket limitation on jurisdiction was accepted because the grant of sovereign immunity, which restricted access to a court, pursued the legitimate aim of comity through compliance with international law and was proportionate. Notwithstanding, underpinning this reasoning is an inevitable tension between the interests of States and private parties, such that Mance LJ (as he then was) in the Court of Appeal produced his judgment in light of ECHR considerations, taking a more flexible approach supportive of human rights. Mark v Mark also illustrates such inflexibility and proportionality considerations. The limitation in that case prevented access to the English courts, which may have been the only available courts, through a particular rule of public policy. This rule was therefore seen by Thorpe LJ to be incompatible with Article 6 and hence the HRA 1998. Contrastingly, in the House of Lords, Baroness Hale affirmed the decision on different grounds, dismissing ECHR considerations, such that she perhaps did not take human rights concerns entirely seriously. Although access to some court will be available following most limitations, the few cases where access would be denied to the only available court under a limitation warrant special attention in light of protection of the right to a fair trial. Such attention has been properly given on occasion, as demonstrated by both Mance and Thorpe LJJ. However, this approach is not consistently followed, shown by the dangerous approach of Baroness Hale. 4.5. Interaction with Forum non Conveniens In Lubbe v Cape Industries Plc, the defendant asked for a stay of proceedings. After identifying South Africa as the natural forum, the Court was faced with the argument that the stay would breach Article 6 because the complexity of the case and lack of funding were such that the claimant could not sue in that foreign court. After applying the Spiliada principles, which provided that a stay should be refused because the claimant could not obtain justice in the foreign court, Lord Bingham then turned to the Article 6 arguments and noted simply that “I do not think article 6 supports any conclusion which is not already reached on application of Spiliada principles.” Although the right to a fair trial was acknowledged and indeed protected under the refusal to grant a stay, the procedure in reasoning lowered the importance of human rights as the Spiliada principles took precedence to application of Article 6. Thus, if the Lubbe approach was followed in the future and a stay was granted to a foreign court in which there was a risk of a flagrant breach, the court may indirectly breach Article 6 in addition to Sections 2 and 6 of the HRA 1998. Similar techniques to that employed by Lord Bingham have been used in other forum non conveniens cases. For example, in The Polessk, the extent to which evidence showed the right to a fair trial in the St. Petersberg Court was considered under the second limb of the Spiliada test. Moreover, as discussed, reasonable delay has been considered consistently, although somewhat effectively, within this second stage of Spiliada. As noted, these latter instances show a sufficient degree of reconciliation with at least the indirect effect of Article 6, regardless of the characterisation of the breach as one of Article 6 or otherwise, particularly because it is difficult to imagine “borderline” cases amounting to flagrant breaches of Article 6, as Fawcett suggests. This analysis can be applied equally to the facts of Lubbe where access to the foreign court clearly did not exist, such that a stay would unequivocally produce a flagrant breach. It may be suggested that other cases are not so easy to evaluate, such as in determining whether access to a court exists through lack of legal aid, as Santambrogio v Italy illustrates. Nevertheless, surely if the decision is a difficult one to make, then the breach cannot be flagrant and, as such, there cannot be an indirect breach of Article 6. However, as noted, a procedural shift in judicial reasoning will have undoubted procedural benefits, if at the very least it effects compliance with Section 2 of the HRA 1998. Endnotes Golder v. United Kingdom [1975] ECHR 1, at [35]. Ibid., at [34]-[35]. Ibid., at [36]; this includes the right to a determination of proceedings on the merits (Gorbachev v Russia, No. 3354/02, 15 February 2007.) Ibid., at [38]. Winterwerp v The Netherlands [1979] ECHR 4, at [60], [75]. Ashingdane v United Kingdom [1985] ECHR 8, at [57]. OT Africa Line Ltd v Hijazy (The Kribi) [2001] Lloyd’s Rep 76; now overruled on the specific point for decision (Turner v Grovit and Others [2005] AC 101). The Kribi (n131), at [42]. Ibid., at [42]. Following Turner v Grovit (n131), a court cannot grant an anti-suit injunction against a party who has commenced an action in a Brussels Convention State. British Airways v Laker Airways [1983] AC 58,at [80]. The Kribi, (n131),at [41]. Fawcett: 2007, pp36-37. Pfeiffer and Plankl v Austria (1992) 14 EHRR 692; cf. Loucaides: 2003, pp48-50. Deweer v Belgium (1979-80) 2 EHRR 439; indeed, this is a “natural consequence of [the parties’] right to regulate their mutual relations as they see fit.” (Axelsson v. Sweden, no.11960/86, 13 July 1990.) Malmstrom v Sweden (1983) 38 DR 18. Cf. under the common law (The Pioneer Container [1994] 2 AC 324); Briggs and Rees: 2005, p19. E.g. a person not party to a bill of lading bound by a jurisdiction agreement between shipper and carrier. Briggs and Rees: 2005, pp18-19. See generally Schiavetta: 2004, paras.4.2-4.21. Stubbings v United Kingdom [1996] ECHR 44, at [51]. Briggs and Rees: 2005, p20 n.101. Spiliada (n72), pp483-484. British South Africa Co v Companhia de Moçambique [1893] AC 602; for Scotland, Hewit’s Trs v Lawson (1891) 18 R 793. Briggs and Rees: 2005, para.4.06. [2006] UKHL 26. 34 EHRR 273. Cf. Markovic v Italy [2006] ECHR 1141, which held that although there was no blanket limitation on jurisdiction through sovereign immunity and that access to a court had been afforded, access was nevertheless limited in scope, such that the applicants could not receive a decision on the merits. [2005] QB 699. [2004] EWCA Civ 168, at [40]. [2006] AC 98. Fawcett: 2007, p34. [2000] 1 WLR 1545. (n72). Lubbe (n157), p1561. Further, no relevant decisions of the ECtHR were relied upon in the judgment e.g. Airey v Ireland [1979] ECHR 3 where representation costs were “very high” and the procedure was too complex and would evoke emotions too great for the applicant to present her case. Cf. Santambrogio v Italy [2004] ECHR 430 (post-Lubbe), where legal aid was deemed unnecessary in the circumstances. Fawcett: 2007, p.11. (n102), p51. Supra pp.17-19. Supra p.19. (n160).

Get creative!

Creative argument is essential if you’re going to get a first. Perhaps only unless your tutor or professor doesn’t know the topic well can you get away rehashing old argument and ideas that have been discussed thousands of times before. Having worked with academia in trying to commercialise intellectual property rights (IP), through, for instance, spin-off companies, it is clear that innovation is crucial for the business models of universities. It goes something like this: University teaches its students; Students produce research in which they and/or the university have IP, such as copyrights or patents; Student and/or university commercialises that IP by selling or licensing it to journals or other entities, such as companies. Money, then, gets reinvested into the system or society, which gets to work with the new innovation or improvement. The below argument is example of how such creativity can light up your dissertation, add value to your University and get you a better mark overall.

4.6. Owusu v Jackson Further relevance of Article 6 can be seen in the context of the ECJ’s analysis of forum non conveniens in Owusu v Jackson. Fundamentally wrong, the ECJ believed that a defendant “would not be able…reasonably to foresee before which other court he may be sued.” However, it is the defendant who asks for a stay and thus his foreseeability of a stay in this respect is secured. Article 6 is underpinned by the principle of legal certainty. Although legal certainty has specific provision in some articles of the ECHR, it is not confined to those articles; the specific provisions require domestic law “to be compatible with the rule of law, a concept inherent in all the articles of the Convention.” Legal certainty comprises the particularly significant aspect of foreseeability. In this regard, the ECtHR has noted that: “a norm cannot be regarded as a ‘law’ unless it is formulated with sufficient precision to enable the citizen to regulate his conduct: he must be able…to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail.” It is at least arguable that this would encompass procedural certainty emanating from rules of jurisdiction. If the forum non conveniens doctrine permitted stays without the defendant’s asking, the defendant would have such little legal certainty that there may even be an arguable infringement of his right to a fair trial under Article 6, not only incompatible with the higher test of legal certainty of jurisdictional rules under the Brussels regime. This would result from the defendant’s lack of foreseeability as to where proceedings against him would take place. Contrastingly, cogent arguments can be made against forum non conveniens, inter alia, because of the uncertainty for the claimant. Notwithstanding, it could be said that his rights under Article 6(1) are upheld through his right of access to a court somewhere else. Moreover, he would have much more legal certainty than that of the defendant under the ECJ’s interpretation of forum non conveniens because stays under proper operation of forum non conveniens are granted, to some extent, within the confines of regulated and foreseeable discretion. It can therefore be seen that the ECJ had analysed something which would be incompatible not only with Scottish and English law, but also with the ECHR and HRA 1998. Although a proper analysis of forum non conveniens would probably not have altered the outcome of Owusu, it would have been much more respectable to the common law, already set to be dismantled through an inevitable course of Europeanization, not to knock down, to some extent, a “straw man.” 4.7. Conclusions It is clear that there are disparate approaches to the right of access to a court, perhaps emanating in part from varying attitudes to the importance of human rights. Most civil jurisdiction cases will involve access being denied to one court, while access to another is still available. These will generally not breach Article 6 since there is no right of preference of court under Article 6 as Aikens J held in The Kribi, a judgment fully respectable of human rights. Contrastingly, in the limited number of cases which do yield Article 6 concerns, respect for human rights has been inconsistent, a worrying position particularly in light of the recognition of new, potential Article 6 challenges, such as in the areas of exclusive jurisdiction agreements and limitations on jurisdiction. Notwithstanding, such concerns may be unfounded, given the flexibility of international private law rules, such as the demands of justice under the second limb of Spiliada, which can effectively prevent indirect breaches of Article 6. Endnotes Except in exceptional circumstances: Collins et al: 2006, para.12-006 n.20. E.g. Articles 5 and 7. Reed and Murdoch: 2001, para.3.33. Amuur v France [1996] ECHR 20, at [50]. Reed and Murdoch: 2001, para.3.36. Sunday Times (No1) v United Kingdom [1979] ECHR 1, at [49]. Harris: 2005, p939; despite a lack of express mention by the ECJ in Owusu (n29); cf. Opinion of AG Leger in Owusu, at [160]. Hartley: 2005b, pp824-828; cf. Mance: 2007. (n72).

Add Another New Topic

The following is a different slant on the fundamental theme of the dissertation.

5. RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS 5.1. Recognition of Contracting State Judgments An indirect breach of Article 6 may occur where a court recognises and thus enforces a judgment obtained in foreign proceedings contrary to the requirements of Article 6. Little challenge is presented where that judgment is obtained in a court of a State party to the ECHR; in such a case, recognition can be refused through Article 6 which is a facet of public policy under Article 27(1) of the Brussels Convention. Notably, Article 34(1) of the Brussels Regulation provides that the recognition must be “manifestly” contrary to public policy, implying a higher threshold than in Article 27(1). The difference in wording is uncertain, but it is hoped that it will not be used to “sweep mere procedural defects under the rug.” Indeed, the importance of the right to a fair trial to the rule of law cannot be underestimated and thus it is arguable that any breach of Article 6 will be manifestly contrary to public policy. Notwithstanding, if the phrases “manifestly contrary to public policy” and a “flagrant breach of the ECHR” were to be compared, it may be just as arguable that a manifest breach of Article 6, not a standard one, is required for the operation of Article 34(1) of the Brussels Regulation. However, this may not be unwarranted in the context of judgments of Contracting States, as noted. Through Krombach v Bamberski , the housing of Article 6 under public policy effectively creates a hierarchical system, whereby EC rules have precedence over human rights rules, particularly because of the ignorance of the indirect effect doctrine. However, this may not be wholly unwelcome in light of the potential existence of a common EC public policy, somewhat emanating from the harmonisation through the ECHR in 1950. Moreover, as Meidanis suggests, the ECJ appears to see the protection of human rights as the common core of the European public policy and is prepared to sacrifice the basic principle of the free movement of judgments of the Brussels Convention to ensure protection of human rights. Notwithstanding, as noted, in other contexts, the ECJ does not so respect human rights, particularly highlighted by its emphatic rejection of Article 6 in Gasser. Although the flexibility through the public policy exception does not extend to the rules relating to jurisdiction, there are other mechanisms for protecting human rights within the Brussels Convention and, especially, the Brussels Regulation. 5.2. Recognition of Non-Contracting State Judgments More difficulty arises with recognition of a judgment obtained in a non-Contracting State. 5.2.1. European Court of Human Rights Such recognition was permitted without reference to Article 6 in Drozd and Janousek. However, in Pellegrini v Italy, the ECtHR held that the Italian court could not recognise a judgment obtained in a Vatican City court in contravention of Article 6 standards. This was so despite a Concordat between Italy and the Vatican requiring such recognition. Pellegrini can be considerably demarcated from the Soering/Drozd line of cases, which requires a flagrant breach to have occurred in the non-Contracting State, the underpinning theory being the “reduced effect of public policy.” Instead, Pellegrini requires full compliance with Article 6 standards as if the foreign court were party to the ECHR, such that failure to review a judgment against which standards is a risky practice. Notwithstanding, the actual breach of Article 6 standards in Pellegrini was flagrant, despite the court’s omission of this, and therefore the judgment may not represent such a large departure from Drozd. Moreover, the “reduced effect of public policy” approach of Drozd was followed eight days prior to Pellegrini in Prince Hans-Adam II of Liechtenstein v Germany. However, it is difficult to distinguish Hans-Adam II on its facts particularly given the sweeping reasoning in Pellegrini. Thus, as it stands, Pellegrini is the leading authority, prescribing the need for a review of foreign judgments against full Article 6 standards, ensuring full protection for the right to a fair trial. It is nevertheless hoped by some that the case will be revisited, perhaps with the preference of a variable standard. Further, a dictum in Pellegrini may have the effect of requiring such review only where the judgment emanates from the courts of a State not party to the Convention. Hence, as Kinsch submits, an a contrario reading may be imputed, such that review of Article 6 standards is optional where the judgment emanates from a Contracting State. However, this may not be wholly unwelcome given that the Member States of the EU are party to the ECHR in addition to the Brussels Convention and Regulation, which seek to limit the power of public policy from preventing recognition of judgments. 5.2.2. House of Lords In stark contrast to Pellegrini, the House of Lords in Montgomery required a “flagrant” breach in the United States, a non-Contracting State, for the judgment not to be recognised. Such a flagrant breach was not created in the United States and hence recognition of a judgment breaching regular Article 6 standards was permitted. In its judgment, the House of Lords attempted to distinguish Pellegrini through the existence of the Concordat between Italy and the Vatican City, which required Italy to ensure that the Vatican court’s procedure complied with the fundamental principles of Italian legal system, one being Article 6. However, this is hard, if not impossible, to understand, particularly since it assumes that the Concordat of 1929, as amended, could incorporate ECHR standards, when the Vatican City deliberately refused to subscribe to the ECHR. Further, the ECtHR in Pellegrini did not suggest in its judgment that the relationship between Italy and the Vatican was material to its decision. Therefore, Montgomery is seen to be wrong in so distinguishing Pellegrini. Briggs and Rees further suggest that the House of Lords applied the wrong test in Montgomery because of the analysis of deportation cases, such as Soering. In such a case, a prediction is required, whereas in Montgomery, or indeed in any case concerning recognition, there was no need for such a prediction as the foreign judgment could already be seen to have breached Article 6. However, Soering requires that the person “has suffered or risks suffering a flagrant denial of a fair trial (emphasis added.)” If he has already suffered a breach, there is no need for a prediction to be made; instead, the reason for the standard of flagrancy is based on the “reduced effect of public policy” theory, an approach followed in Drozd, as noted. The reasoning of Briggs and Rees in this respect is akin to that of the Court of Appeal in Montgomery where Lord Woolf CJ stated that “the reference in [Soering at [113]] to a future flagrant breach of Article 6 was no more than a dicta which should not be applied to the enforcement of a court order of a non-Contracting State.” However, Drozd, which was not cited to, or considered by, the Court of Appeal, expressly requires such a flagrant breach of Article 6 if enforcement of a court order of a non-Contracting State is to be denied, which clearly has nothing to do with making predictions. Instead, as Briggs and Rees indeed note, the reason why the House of Lords applied the wrong test in Montgomery is that Pellegrini, the leading ECtHR authority which overrides Drozd, was wrongly distinguished and therefore permitted recognition of a judgment in contravention of ECHR jurisprudence. It may be argued that this was not a case of human rights not being taken seriously, but was merely a case of wrongful interpretation of human rights law, yet this could only be accepted upon an assumption of the incompetence of the House of Lords. 5.3. Conclusions The leading authority of the ECtHR on operation of the indirect effect doctrine with respect to recognising foreign judgments, Pellegrini demands a review of full compliance with Article 6 standards of foreign judgments, perhaps limited to those emanating from non-Contracting State courts. Through this, the right to a fair trial can be fully upheld in national courts and, in the UK, breach of Section 6 of the HRA 1998 can be avoided. Notwithstanding, the House of Lords effectively got human rights wrong, thus paving the way forward for reduced protection of Article 6 in the UK. However, this area is not devoid of hope; to effect compliance with this framework, Montgomery must be overturned, which does not appear too remote a possibility given the extensive criticism of the case.

How to conclude a first class law dissertation

The conclusion to your dissertation is, arguably, the most important part and is, therefore, potentially a major differentiator between a first class dissertation and a second class one.

There are three things which you should bear in mind:-

1. A well-written dissertation, thesis, essay or, indeed, any story should have three main parts to it: an introduction; a main body; and a conclusion. It reflects any good piece of oratory: say what you’re going to say, say it, then say what you’ve said. In your conclusion, you are, thus, trying to tell the audience what you’ve said throughout your dissertation. If the word limit is 10,000 words, 800-1000 words should, ideally, be used on your conclusion;

2. Don’t be afraid to put your foot into the icy water. As stated in an earlier section you should not be afraid to come to powerful conclusions even if they challenge the views of other academics, practitioners or even the general public, provided that your views can be fairly and reasonably supported. Which brings us to the third and most important aspect of any conclusion;

3. A well drafted conclusion should refer back to your analysis throughout your dissertation to support your suggested conclusions; it should not allow you to raise new arguments or thoughts which you haven’t already considered. Think about it like a civil proof in court: you conduct an examination-in-chief in which you ask open questions to get evidence from your witness; your opponent then cross-examines your witness to test their evidence; you then get a chance to re-examine the witness but you do NOT get a chance to raise anything new that was not covered in cross.

The conclusion to my dissertation, different from my Juridical Review version, is as below. Given the recent Supreme Court criminal law decision of Cadder v HMA, for which see the ScotsLawBlog Cadder article , the final words on getting human rights right attract even greater significance.

6. CONCLUSIONS The right to a fair trial has produced much concern in the conflict of laws arena today, a particular result of the evolution of a more stringent human rights culture in the United Kingdom. In the field of civil jurisdiction, the right to a trial within reasonable time and the right of access to a court, two of the most fundamental substantive rights of Article 6 ECHR, have emerged; in the sphere of recognition and enforcement of foreign judgments, the indirect effect doctrine, a key procedural element of the ECHR, which protects the right to a fair trial indirectly but nevertheless just as significantly, has arisen. International private law mechanisms exist for the reconciliation of Article 6 with the sphere of civil jurisdiction and judgments. The extent to which these can be utilised to protect the right to a fair trial is undoubtedly immense. At the most extreme end of protection, Fawcett’s hybrid model could provide great procedural legal certainty, such that human rights concerns will be identified first, using ECtHR jurisprudence, following which international private law mechanisms can resolve these concerns with their inherent flexibility. This strict approach is not unwarranted, particularly where judges fail to see the function or even importance of human rights. Pertinent examples include the misapplication of human rights by the House of Lords in Montgomery , which indeed must be rectified, and other approaches not confined to the courts of the United Kingdom; for instance, the embarrassingly misguided approach of the ECJ in Gasser , where it refused to recognise human rights concerns in its myopic pursuit of the objectives of the Brussels regime, unyielding with respect for concerns of private parties, when there were measures available for reconciliation. This appears even more inadequate in light of Advocate General Léger’s later suggestions that forum non conveniens may actually be incompatible with Article 6, when the doctrine is more than justifiable as it seeks to produce faster and more economic litigation, through both the first and second limbs of Spiliada. Notwithstanding, the need for Fawcett’s model is more questionable in other situations; for instance, in those cases involving potential indirect breaches of Article 6 when transferring actions abroad, flexible international private law mechanisms appear to have been applied in a manner sufficiently compliant with the ECHR, regardless of the characterisation of the breach as one of Article 6 or simply of the demands of justice. For example, the second limb of Spiliada has effectively prevented stays where there is a real risk of a flagrant breach abroad, as is the Soering threshold for such an indirect breach, whether regarding unreasonable delay or lack of access to a court. Fawcett concedes that the overall result of many cases will remain unchanged but suggests that “borderline” cases may exist which pose as pitfalls for the courts. However, the requirement of flagrancy, as he correctly applied at the beginning of his analysis, makes the existence of such cases difficult, if not impossible, to imagine in practice. In this respect, Fawcett appears to be advocating an approach extending beyond avoiding breaching Article 6; instead, he is actively aiming at protection of a fair trial beyond the Article 6 threshold. However, this is not unwelcome; the importance of Article 6 is so great that it is worth adopting the strict approach. The consistent use of ECHR jurisprudence at the outset will, at the very least, prevent a breach of Section 2 of the HRA 1998; further, it may assist those judges who are misguided or fail to see the importance of human rights today. Ultimately, a strict approach may provide for considerable legal certainty in a fast and growing area of law which demands firm, human rights orientated answers.

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How to write a bibliography to conclude your first-class dissertation

There are three stages for completing an abundant and competent bibliography. First, go into the footnotes on your document, select all, copy and paste to the foot of your article, then separate into different categories. Then, second, go back through the materials which you have read and add them. Finally, third, sort alphabetically using Word or Excel.

7. BIBLIOGRAPHY 7.1. TABLE OF CASES A and others v Denmark [1996] ECHR 2 AG of Zambia v Meer Care and Desai [2005] EWHC 2102 (Ch), appeals dismissed [2006] EWCA Civ 390 Airbus Industrie GIE v Patel [1999] 1 AC 119 Airey v Ireland [1979] ECHR 3 Al-Bassam v Al-Bassam [2004] EWCA Civ 857 Amuur v France (1996) 22 E.H.R.R. 533 Andreucci v Italy [1992] ECHR 8 Ashingdane v United Kingdom [1985] ECHR 8 Att. Gen. v Arthur Anderson & Co [1989] ECC 224 Axelsson v. Sweden, no.11960/86, 13 July 1990 Bensaid v United Kingdom (2001) 33 EHRR 10 Berghofer v. ASA SA Case 221/84 [1985] ECR 2699 Berisford Plc v New Hampshire Insurance [1990] 2 QB 631 Bock v. Germany [1989] ECHR 3 Boddaert v Belgium (1993) 16 EHRR 242 Bosphorus Hava Yollari Turizm Ve Ticaret Anonim Sirketi(“Bosphorus Airways“) v Ireland (2006) 42 EHRR 1 Bottazzi v. Italy [1999] ECHR 62 Brazilian Loans (PCIJ Publications, Series A, Nos. 20-21, p.122) Bristow Heliocopters v Sikorsky Aircraft Corporation [2004] 2 Ll Rep 150 British Airways v Laker Airways [1983] AC 58 British South Africa Co v Companhia de Moçambique [1893] AC 602 Buchholz v Germany [1981] ECHR 2 Carel Johannes Steven Bentinck v Lisa Bentinck [2007] EWCA Civ 175 Ceskoslovenska Obchodni Banka AS v Nomura International Plc [2003] IL Pr 20 Chellaram v Chellaram [1985] 1 Ch 409 Connelly v RTZ Corpn plc [1998] AC 854 Credit Agricole Indosuez v Unicof Ltd [2004] 1 Lloyd.s Rep 196 Cumming v Scottish Daily Record and Sunday Mail Ltd, The Times June 8, 1995 Darnell v United Kingdom (1993) 18 EHRR 205 Delcourt v Belgium (1979-80) 1 EHRR 355 Derbyshire CC v Times Newspapers Ltd [1992] QB 770 Deweer v Belgium (1979-80) 2 EHRR 439 Di Mauro v. Italy ECHR 1999-V Drozd and Janousek v France and Spain (1992) 14 EHRR 745 Eckle v Germany (1983) 5 EHRR 1 Elderslie Steamship Company v Burrell (1895) 22 R 389 Elefanten Schuh GmbH v Jacqmain (Case 150/80) [1981] ECR 1671 Erich Gasser GmbH v Misat Srl, C-116/02 [2005] QB 1 ERT v DEP C-260/89 [1991] ECR I-2925 F v Switzerland [1987] ECHR 32 Ferrari v Italy [1999] ECHR 64 Foti v Italy (1982) EHRR 313 Fritz and Nana v France, 75 DR 39 Golder v. United Kingdom [1975] ECHR 1 Gorbachev v Russia, No. 3354/02, Judgment of 15 February 2007. Government of the United States of America v Montgomery (No 2) [2004] UKHL 37 Guincho v Portugal (1984) 7 EHRR 223 H v France (1990) 12 EHRR 74 Hesperides Hotels Ltd v Aegan Turkish Holidays Ltd [1979] AC 508 Hewit’s Trs v Lawson (1891) 18 R 793. Huseyin Erturk v Turkey [2005] ECHR 630. Irish Shipping Ltd v Commercial Union [1991] 2 QB 206. Iveco Fiat v Van Hool Case 313/85 [1986] ECR 3337 Jones v Saudi Arabia [2004] EWCA Civ 1394 JP Morgan Europe Ltd v Primacom [2005] EWHC 508 Katte Klitsche de la Grange v Italy (1994) 19 EHRR 368 Klockner Holdings GmbH v Klockner Beteiligungs GmbH [2005] EWHC 1453 Konamaneni v Rolls-Royce Industrial Power (India) Ltd [2002] 1 WLR 1269 Konig v Federal Republic of Germany (1978) 2 EHRR 170 Krombach v Bamberski Case C-7/98 [2001] QB 709 Kudla v Poland [2000] ECHR 512 Lacey v Cessna Aircraft (1991) 932 F.2d 170 Ledra Fisheries Ltd v Turner [2003] EWHC 1049 Lubbe v Cape Industries Plc [2000] 2 Lloyd’s Rep. 383 Malone v United Kingdom (1985) 7 EHRR 1 Malstrom v Sweden (1983) 38 Decisions and Reports 18 Manieri v Italy [1992] ECHR 26 Margareta and Roger Andersson v Sweden (1992) 14 EHRR 615. Markovic v Italy [2006] ECHR 1141 Maronier v Larmer [2003] QB 620 Matthews v United Kingdom [1999] ECHR 12. Messier-Dowty v Sabena [2000] 1 WLR 2040 Netherlands 6202/73 1975 1 DR 66 OT Africa Line Ltd v Hijazy (The Kribi) [2001] Lloyd’s Rep 76 Owens Bank Ltd v Bracco [1992] 2 AC 433 Owners of the Atlantic Star v Owners of the Bona Spes (The Atlantic Star and The Bona Spes) [1974] AC 436 Owusu v Jackson and Others C-281/02 [2005] QB 801 Pafitis v Greece (1999) 27 EHRR 566 Pfeiffer and Plankl v Austria (1992) 14 EHRR 692 Philip Morris International Inc v Commission of the European Communities [2003] ECR II-1 Prince Hans-Adam II of Liechtenstein v Germany ECHR 2001-VIII. R (Razgar) v Special Adjudicator [2004] 1 AC 368 R v Jones [2003] 1 AC 1 R. (Alconbury Developments Ltd) v Secretary of State for the Environment [2001] 2 WLR 1389 R. (on the application of Ullah) v Special Adjudicator [2004] UKHL 26 Riccardo Pizzati v Italy [2006] ECHR 275 Robins v United Kingdom (1998) 26 EHRR 527 Salesi v Italy [1993] ECHR 14 Salotti v RUWA Case 23/76 [1976] ECR 1831 Santambrogio v Italy [2004] ECHR 430 Scopelliti v Italy (1993) 17 EHRR 493 Sim v Robinow (1892) 19 R 665 Soc Divagsa v Spain (1993) 74 DR 274. Soering v United Kingdom (1989) 11 EHRR 439 Spiliada Maritime Corporation v Cansulex Lid [1987] 1 AC 460 Standard Steamship Owners Protection and Indemnity Association v Gann [1992] 2 Lloyd’s Rep 528 Stogmuller v Austria (1979) 2 EHRR 155 Stubbings v United Kingdom [1996] ECHR 44 Sunday Times v United Kingdom (1979-80) 2 EHRR 245 The Al Battani [1993] 2 Lloyd’s Rep 219 The Benarty [1984] 2 Lloyd’s Rep 244 The Fehmarn [1958] 1 WLR 159 The Jalakrishna [1983] 2 Lloyd’s Rep. 628 The Lakhta [1992] 2 Lloyd’s Rep 269 The Nile Rhapsody [1992] 2 Lloyd’s Rep 399 The Pioneer Container [1994] 2 AC 324 The Polessk [1996] 2 Lloyd’s Rep 40 The Vishva Ajay [1989] 2 Lloyd’s Rep 558 Toepfer International G.M.B.H. v. Molino Boschi Srl [1996] 1 Lloyd’s Rep. 510 Trendex v Credit Suisse [1982] AC 679 Turner v Grovit and Others [2005] 1 AC 101 Union Alimentaria SA v Spain (1990) 12 EHRR 24 Vocaturo v Italy [1991] ECHR 34. Wemhoff v Germany (1968) 1 EHRR 55 Winterwerp v The Netherlands [1979] ECHR 4 X v France [1992] ECHR 45 Xn Corporation Ltd v Point of Sale Ltd [2001] I.L.Pr. 35 Z and Others v. United Kingdom (2002) 34 EHRR 3 Zimmermann and Steiner v Switzerland [1983] ECHR 9 7.2. TABLE OF LEGISLATION European Union EC Treaty Art 6(2) Art 307 Council Regulation 44/2001 (Brussels Regulation) Art 2 Art 4 Art 27 Art 28 Art 30 Art 34(1) Art 34(2) Art 35(3) Art 71 Italy Law no.89 of 24 March 2001 (the “Pinto Act”). United Kingdom Civil Jurisdiction and Judgments Act 1982 Civil Procedure Rules 1998 Part 11 r 3.1(2)(f) Human Rights Act 1998 (HRA 1998) s1(1)(a) s2(1)(a) s3(1) s6(3)(a) 7.3. TABLE OF CONVENTIONS Brussels Convention on Jurisdiction and Judgments in Civil and Commercial Matters (Brussels Convention) Art 21 Art 22 Art 57 European Convention on Human Rights (ECHR) Art 5 Art 6 Art 7 Art 13 7.4. TEXTBOOKS Anton, A.E., and Beaumont, P., 1995. Anton & Beaumont’s Civil Jurisdiction in Scotland: Brussels and Lugano Conventions. 2nd ed ., Edinburgh: Greens Bell, A., 2003. Forum Shopping and Venue in Transnational Litigation. Oxford: OUP Briggs, A., 2002. The Conflict of Laws, Oxford: OUP. Briggs, A., and Rees, P., 2002. Civil Jurisdiction and Judgments. 3rd ed., London: LLP Briggs, A., and Rees, P., 2005. Civil Jurisdiction and Judgments. 4rd ed., London: LLP Clarkson, C.M.V., and Hill, J., 2002. Jaffey on the Conflict of Laws. 2nd ed., Oxford: OUP Clarkson, C.M.V., and Hill, J., 2006. The Conflict of Laws. New York: OUP Clayton, R. and Tomlinson, H., 2000. The Law of Human Rights. Oxford: OUP Collier, J.C., 2001. Conflict of Laws. 3rd ed., Cambridge: Cambridge University Press. Collins, L., et al (eds), 2006. Dicey Morris and Collins on the Conflict of Laws. 14th ed. London: Sweet and Maxwell Crawford, E.B., and Carruthers, J.M., 2006. International Private Law in Scotland. 2nd ed, Edinburgh: Greens Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh. The Hague, The Netherlands: T.M.C. Asser Press. Fawcett, J.J., 1995. Declining jurisdiction in private international law: reports to the XIVth congress of the International Academy of Comparative Law, Athens, August 1994. Oxford: Clarendon Press Fawcett, J.J., Harris, J. and Bridge, M., 2005. International Sale of Goods in the Conflict of Laws. Oxford: OUP Grosz, S., Beatson, J. and Duffy, P., 2000. Human Rights: The 1998 Act and the European Convention,.London: Sweet and Maxwell Harris, D.J., O’Boyle, M., Warbrick, C., 1995. Law of the European Convention on Human Rights. London: Butterworth Hill, J., 2005. International Commercial Disputes in English Courts. 3rd ed Portland: Hart Publishing McClean, D. and Beevers, K., 2005. Morris on the Conflict of Laws. 6th ed., London: Sweet and Maxwell North, P.M. and Fawcett, J.J., 2004. Cheshire and North’s Private International Law. 13th ed. Oxford: OUP Ovey, C. and White, R., 2002. The European Convention on Human Rights. New York: OUP Raitio, J., 2003. The Principle of Legal Certainty in EC Law. The Netherlands: Kluwer Academic Publishers Reed, R. and Murdoch, J., 2001. A Guide to Human Rights Law in Scotland. Edinburgh: Butterworths Scotland Starmer, K., 1999. European Human Rights Law. London: Legal Action Group 7.5. ARTICLES Baldwin, J., and Cunnington, R., 2004. “The Crisis in Enforcement of Civil Judgments in England and Wales.” 2004 PL (SUM) 305-328 Briggs, A., 2005a. “Foreign Judgments and Human Rights.” 121(APR) L.Q.R. 185-189 Briggs, A., 2005b. “The Death of Harrods: Forum non Conveniens and the European Court.” 121(OCT) L.Q.R. 535-540 Clarke, A., 2007. “The Differing Approach to Commercial Litigation in the European Court of Justice and the Courts of England and Wales” 18 E.B.L.Rev. 101-129 Collins, L., 1995. “The Brussels Convention Within the United Kingdom”, 111 LQR 541 Costa, J-P., 2002, Rivista internazionale dei diritti dell’uomo, 435, cited in Kinsch, P., 2004. “The Impact of Human Rights on the Application of Foreign Law and on the Recognition of Foreign Judgments – A Survey of the Cases Decided by the European Human Rights Institutions,” in Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: T.M.C. Asser Press, pp197-228, p228 n100 Crawford, E.B., 2005. “The Uses of Putativity and Negativity in the Conflict of Laws.” 54 ICLQ 829-854 Crifo, C., 2005. “First Steps Towards the Harmonisation of Civil procedure: The Regulation Creating a European Enforcement Order for Uncontested Claims.” C.J.Q. 2005, 24(APR), 200-223 Eardley, A., 2006. “Libel Tourism in England: Now the Welcome is Even Warmer.” 17(1) Ent. L.R. 35-38 Fabri, M., and Langbroek, P.M., 2003. “Preliminary draft report: Delay in Judicial Proceedings: A preliminary Inquiry into the Relation Between the Demands of the Reasonable Time Requirements of Article 6(1) ECHR and Their Consequences for Judges and Judicial Administration in the Civil, Criminal and Administrative Justice Chains”, CEPEJ (2003) 20 Rev Farran, S., 2007. “Conflicts of Laws in Human Rights: Consequences for Colonies”, (2007) 1 EdinLR 121 Fawcett, J.J., 2007. “The Impact of Article 6(1) of the ECHR on Private International Law.” 56 ICLQ 1-48 Fentiman, R., 2005. “English Domicile and the Staying of Actions” [2005] 64 CLJ 303 Flannery, L., 2004. “The End of Anti-Suit Injunctions?” New Law Journal, 28 May 2004, 798 Franzosi, M., 2002. “Torpedoes are here to stay” [2002] 2 International Review of Industrial Property and Copyright Law 154 Franzosi, M., 1997. “Worldwide Patent Litigation and the Italian Torpedo” 19 (7) EIPR 382 Green, L., 1956. “Jury Trial and Mr. Justice Black,” 65 Yale LJ 482 Halkerston, G., 2005. “A Funny Thing Happened on the Way to the Forum.” 155 NLJ 436 Hare, C., “Forum non Conveniens in Europe: Game Over or Time for ‘Reflexion’” JBL 2006, Mar, 157-179 Harris, J., 2001. “The Brussels Regulation.” 20 Civil Justice Quarterly 218 Harris, J., 2005. “Stays of Proceedings and the Brussels Convention.,” 54 ICLQ 933 Hartley, T.C., 1994. “Brussels Jurisdiction and Judgments Convention: Agreement and Lis Alibi Pendens.” 19(5) E.L.Rev 549-552 Hartley, T.C., 2001. “International Law and the Law of the European Union – A Reassessment”, 72 BYBIL 1 Hartley, T.C., 2005a. “Choice-of-court agreements, lis pendens, human rights and the realities of international business: reflection on the Gasser case” in Le droit international privé: mélanges en l’honneur de Paul Lagarde, (Dalloz, Paris, 2005), pp383-391 Hartley, T.C., 2005b. “The European Union and the Systematic Dismantling of the Common Law Conflict of Laws”, 54 ICLQ 813 Higgins, R., 2006. “A Babel of Judicial Voices? Ruminations From the Bench.” 55 ICLQ 791-804. Hogan, G., 1995. “The Brussels Convention, Forum non Conveniens and the Connecting Factors Problem.” 20(5) E.L. Rev. 471-493 Hood, K.J., 2006. “Drawing Inspiration? Reconsidering the Procedural Treatment of Foreign Law.” 2(1) JPrIL 181-193. Hunt, M., 1998. “The “Horizontal Effect” of the Human Rights Act”. 1998 Public Law 423-443 Hunter-Henin, M., 2006. “Droit des personnes et droits de l’homme: combinaison ou confrontation? (Family Law and Human Rights: Can They Go Along or Do They Exclude Each Other?),” 95(4) Revue critique de droit international privé pp743-775. Kennett, W., 1998. “Service of Documents in Europe.” 17(JUL) C.J.Q. 284-307 Kennett, W., 2001. “The Brussels I Regulation.” 50 ICLQ 725 -737 Kennett, W., 2001. “The Enforcement Review: A Progress Report.” 20(Jan) CJQ 36-57 Kennett, W., and McEleavy, P., 2002. “(Current Development): Civil and Commercial Litigation” 51 ICLQ 463 Kinsch, P., 2004. “The Impact of Human Rights on the Application of Foreign Law and on the Recognition of Foreign Judgments – A Survey of the Cases Decided by the European Human Rights Institutions,” in Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: T.M.C. Asser Press, pp197-228. Lester, A., and Pannick, D., 2000. “The Impact of the Human Rights Act on Private Law: The Knight’s Move.” 116 LQR 380-385 Loucaides, L.G., 2003. “Questions of a Fair Trial Under the European Convention on Human Rights.” (2003) HRLR 3(1), pp27-51. Lowenfield, A.F., 2004. “Jurisdiction, Enforcement, Public Policy and Res Judicata: The Krombach Case,” in in Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: T.M.C. Asser Press, pp229-248 Mance, J., 2004a. “Civil Jurisdiction in Europe – Choice of Court Clauses, Competing Litigation and Anti-Suit Injunctions – Erich Gasser v. Misat and Turner v. Grovit: Address to Second Conference of European Commercial Judges, (“Problems of enforcement of european law”)” Paris – 14th October 2004; http://www.courdecassation.fr/formation_br_4/2004_2034/jonathan_mance_8239.html, (Accessed 10 March 2007) Mance, J., 2004b. “Exclusive Jurisdiction Agreements and European Ideals.” 120 LQR 357 Mance, J., 2005. “The Future of Private International Law.” 1(2) JPrIL 185-195 Mance, J., 2007. “Is Europe Aiming to Civilise the Common Law?” 18 EBLRev 77-99 McLachlan, C., 2004. “International Litigation and the Reworking of the Conflict of Laws” 120(OCT) LQR 580-616 Meidanis, H.P., 2005. “Public Policy and Ordre Public in the Private International Law of the EU: Traditional Positions and Moderns Trends.” 30(1), ELRev, 95-110 Merrett, L., 2006. “The Enforcement of Jurisdiction Agreements within the Brussels Regime,” 55 ICLQ 315 Muir Watt, H., 2001. “Evidence of an Emergent European Legal Culture: Public Policy Requirements of Procedural Fairness Under the Brussels and Lugano Conventions.” 36 Tex. ILJ, p. 539. North, P., 2001. “Private International Law: Change or Decay?” 50 ICLQ 477-508 Orakhelashvili, A., 2006. “The Idea of European International Law.” 17 Eur. J. Int’l L. 315 Peel, E., 2001. “Forum non Conveniens Revisited.” 117(APR) L.Q.R. 187-194 Robertson, D.W., 1987. “Forum Non Conveniens in America and England: ‘A rather fantastic fiction’.” 103 LQR 398 Robert-Tissot, S., and Smith, D., 2005. “The Battle for Forum”, New Law Journal, 7 October 2005, p1496 Robert-Tissot, S., 2005. “The Battle for Forum.” 155 NLJ 1496 Rodger, B.J., 2006. “Forum non Conveniens: Post Owusu.” 2(1) JPrIL 71 Schiavetta, S., 2004. “The Relationship Between e-ADR and Article 6 of the European Convention of Human Rights pursuant to the Case Law of the European Court of Human Rights.” 2004 (1) The Journal of Information, Law and Technology (JILT). http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2004_1/schiavetta/ (Accessed 28 February 2007) Sinopoli, L., 2000. Le droit au procès équitable dans les rapports privés internationaux (doctoral dissertation, University of Paris-I, 2000) Slater, A.G., 1988. “Forum Non Conveniens: A View From the Shop Floor.” 104 LQR 554 Svantesson, D.J.B., 2005. “In Defence of the Doctrine of Forum Non Conveniens.” (2005) HKLJ 395 Van Hoek: 2001. “Case note on Krombach v Bamberski” (2001) 38 CMLR 1011. Wade, H.W.R., 2000. “Horizons of Horizontality.” 116 LQR 217-224 Williams, J.M., 2001. “Forum non Conveniens, Lubbe v Cape and Group Josi v Universal General Insurance.” J.P.I. Law 2001, 1, 72-77 Zhenjie, H., 2001. “Forum Non Conveniens: An Unjustified Doctrine.” 48 NILR 143

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Writing a First-Class Dissertation: An Introduction to the Series 

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As part of the Law degree at university, some schools may require law students to complete a supervised or completely independent research project in your final year, often termed a dissertation. This is to test your research, problem solving ,  critical thinking and analysis skills. This also further tests your soft skills such as your ability to prioritise, plan effectively and manage time whilst working on a time-taking project.  I have created this five-part series as a guide  to writing and presenting a very high-quality dissertation.  Throughout this series, I intend to discuss various tips and strategies that worked for me whilst writing both my undergraduate and  masters  dissertation and getting a first. To this aim, I have classified all my strategies under four major headings: the planning stage, the research stage, the writing stage and the final stage. In this article, I discuss what a dissertation is, how it is structured and the process of choosing a topic.   

  As stated  before, a dissertation is usually a research project, a topic either chosen by you or chosen from a range of topics,  which usually lasts between 4 to 6 months, depending on the program (LLB or LLM). Depending on the institution, the length of a general dissertation or research project may vary between 5 000  words to 15 000 words. An undergraduate law dissertation usually varies between 10 000 to 12 000 words, while the masters dissertation ranges between 10 000 to 15 000 words.   This  expected  length is enough evidence of  the type of coverage you should be aiming for on your dissertation, as well as the nature of  your  dissertation’s content .  If done properly, apart from attaining a  first-class  mark, the dissertation is an entire experience which allows you really delve into a law topic or area in more depth and analysis.   

  C hoosing a Topic   

In my experience, this was perhaps the hardest and most exhausting part of my dissertation , especially from my undergraduate dissertation.  There’s a wealth of areas of law that you would have studied right from your first year to the final year. For me, it was quite challenging  trying to sift through all these areas, particularly the area I’d enjoyed and  choosing a topic or even an idea that I’d wanted to build up from and actually write a dissertation on.   

    Choose an area of law  that interests you.  This is most likely something you’d hear quite a lot during the early stages of your dissertation or even before you dive into your first ‘dissertation’ lecture. It is very important to choose an area that you’re interested in or that you find very fascinating as this would determine the pace  and effort you put into researching and writing. You do not want to find yourself stuck with a topic you have zero interest in as there may be no motivation to  properly delve into the topic with as much depth as it requires.  Doing this requires a lot of reading and researching. This could range from researching current legal news or developments, a new area of law or an a rea that is newly developing, or any changes or development to case law.  I’d recommend creating a list of the  areas of law you’d enjoyed throughout from your first to second year. Additionally, you could also just create a general list of areas of law you’re interested in, regardless of whether you’d studied it at university or not.  From here, you can now write out topics you’ve covered that you find interesting  or topics under these areas that you may consider writing your dissertation.  This would give you an idea on  the particular issue or problem you’d want to uncover within the topic you’ve chosen.   

  Research . One key tip whilst researching is opening up your mind and thinking outside the box. While thinking about my dissertation topic, I’d done a module in my second year called ‘Law and Society’, this introduced me to the idea of the liberal legal subject in Law. This was my starting point for my dissertation as I’d connected this with ‘reasonableness’ in law  and drawn this to certain  principles in jurisprudence. I’d also carried out research on this possible line of thought and realised it was possible to  discuss the ‘loss of control defence’  from criminal law  and ‘gender’ all under the heading of reasonableness ( t he short story of how I’d chosen my topic). My realisation here was that I was able to  merge different areas of law whilst researching for my dissertation topic.   

  Ask Questions.  Don’t be afraid to  meet your tutor or lecturers and ask questions about the idea you have for your dissertation.  Be intentional in who you approach and the manner you ask questions relating to your potential topics.  Ask open questions that allow the person you’re asking form an opinion or to allow you see the approach with which they analyse and think about the question.  No question is too ‘silly’ or ‘irrelevant’ as you never know, some of your dying questions may end up forming a part of your research objectives.  And  who knows , the p rofessor  you’ve met may end up becoming your supervisor!   

  Understand  what is expected and required from you  when writing  a dissertation.  This is  also highly  important when choosing a topic .  This would allow you determine the approach you want to take with the various possible topic options. You can decide to discuss broadly on the area with a  real-life  situation as your case study.  Alternatively,  you could decide to use a piece of legislation  or case law to draw out reasons and arguments why your chosen topic is relevant enough to be researched on. The approach you take is highly dependent on your level of understanding of the dissertation expectations  and what you personally want to achieve. Think about who your audience is. Who are your target readers? What do you want them to take out of reading your dissertation?   

  In the next part of this series, I  will  discuss the ‘planning stage’, what to expect and know from this stage and my approach to this stage of my dissertation.   

Article by Oluwabunmi Adaramola. 

Oluwabunmi Adaramola

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How to Write a Thesis or Dissertation Introduction

Published on 9 September 2022 by Tegan George and Shona McCombes.

The introduction is the first section of your thesis or dissertation , appearing right after the table of contents . Your introduction draws your reader in, setting the stage for your research with a clear focus, purpose, and direction.

Your introduction should include:

• Your topic, in context: what does your reader need to know to understand your thesis dissertation?
• Your focus and scope: what specific aspect of the topic will you address?
• The relevance of your research: how does your work fit into existing studies on your topic?
• Your questions and objectives: what does your research aim to find out, and how?
• An overview of your structure: what does each section contribute to the overall aim?

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Table of contents

How to start your introduction, topic and context, focus and scope, relevance and importance, questions and objectives, overview of the structure, thesis introduction example, introduction checklist, frequently asked questions about introductions.

Although your introduction kicks off your dissertation, it doesn’t have to be the first thing you write – in fact, it’s often one of the very last parts to be completed (just before your abstract ).

It’s a good idea to write a rough draft of your introduction as you begin your research, to help guide you. If you wrote a research proposal , consider using this as a template, as it contains many of the same elements. However, be sure to revise your introduction throughout the writing process, making sure it matches the content of your ensuing sections.

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Begin by introducing your research topic and giving any necessary background information. It’s important to contextualise your research and generate interest. Aim to show why your topic is timely or important. You may want to mention a relevant news item, academic debate, or practical problem.

After a brief introduction to your general area of interest, narrow your focus and define the scope of your research.

You can narrow this down in many ways, such as by:

• Geographical area
• Time period
• Demographics or communities
• Themes or aspects of the topic

It’s essential to share your motivation for doing this research, as well as how it relates to existing work on your topic. Further, you should also mention what new insights you expect it will contribute.

Start by giving a brief overview of the current state of research. You should definitely cite the most relevant literature, but remember that you will conduct a more in-depth survey of relevant sources in the literature review section, so there’s no need to go too in-depth in the introduction.

Depending on your field, the importance of your research might focus on its practical application (e.g., in policy or management) or on advancing scholarly understanding of the topic (e.g., by developing theories or adding new empirical data). In many cases, it will do both.

Ultimately, your introduction should explain how your thesis or dissertation:

• Helps solve a practical or theoretical problem
• Addresses a gap in the literature
• Builds on existing research
• Proposes a new understanding of your topic

Perhaps the most important part of your introduction is your questions and objectives, as it sets up the expectations for the rest of your thesis or dissertation. How you formulate your research questions and research objectives will depend on your discipline, topic, and focus, but you should always clearly state the central aim of your research.

If your research aims to test hypotheses , you can formulate them here. Your introduction is also a good place for a conceptual framework that suggests relationships between variables .

• Conduct surveys to collect data on students’ levels of knowledge, understanding, and positive/negative perceptions of government policy.
• Determine whether attitudes to climate policy are associated with variables such as age, gender, region, and social class.
• Conduct interviews to gain qualitative insights into students’ perspectives and actions in relation to climate policy.

To help guide your reader, end your introduction with an outline  of the structure of the thesis or dissertation to follow. Share a brief summary of each chapter, clearly showing how each contributes to your central aims. However, be careful to keep this overview concise: 1-2 sentences should be enough.

I. Introduction

Human language consists of a set of vowels and consonants which are combined to form words. During the speech production process, thoughts are converted into spoken utterances to convey a message. The appropriate words and their meanings are selected in the mental lexicon (Dell & Burger, 1997). This pre-verbal message is then grammatically coded, during which a syntactic representation of the utterance is built.

Speech, language, and voice disorders affect the vocal cords, nerves, muscles, and brain structures, which result in a distorted language reception or speech production (Sataloff & Hawkshaw, 2014). The symptoms vary from adding superfluous words and taking pauses to hoarseness of the voice, depending on the type of disorder (Dodd, 2005). However, distortions of the speech may also occur as a result of a disease that seems unrelated to speech, such as multiple sclerosis or chronic obstructive pulmonary disease.

This study aims to determine which acoustic parameters are suitable for the automatic detection of exacerbations in patients suffering from chronic obstructive pulmonary disease (COPD) by investigating which aspects of speech differ between COPD patients and healthy speakers and which aspects differ between COPD patients in exacerbation and stable COPD patients.

Checklist: Introduction

I have introduced my research topic in an engaging way.

I have provided necessary context to help the reader understand my topic.

I have clearly specified the focus of my research.

I have shown the relevance and importance of the dissertation topic .

I have clearly stated the problem or question that my research addresses.

I have outlined the specific objectives of the research .

I have provided an overview of the dissertation’s structure .

You've written a strong introduction for your thesis or dissertation. Use the other checklists to continue improving your dissertation.

The introduction of a research paper includes several key elements:

• A hook to catch the reader’s interest
• Relevant background on the topic
• Details of your research problem
• A thesis statement or research question
• Sometimes an outline of the paper

Don’t feel that you have to write the introduction first. The introduction is often one of the last parts of the research paper you’ll write, along with the conclusion.

This is because it can be easier to introduce your paper once you’ve already written the body ; you may not have the clearest idea of your arguments until you’ve written them, and things can change during the writing process .

Research objectives describe what you intend your research project to accomplish.

They summarise the approach and purpose of the project and help to focus your research.

Your objectives should appear in the introduction of your research paper , at the end of your problem statement .

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George, T. & McCombes, S. (2022, September 09). How to Write a Thesis or Dissertation Introduction. Scribbr. Retrieved 5 August 2024, from https://www.scribbr.co.uk/thesis-dissertation/introduction/

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Since 2009, we have published the best of the annual dissertations produced by our final year undergraduates and award a 'best dissertation of the year' prize to the best of the best.

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How to Improve Your Dissertation From a 2:1 (B) to a 1st (A) Grade

Achieving a First Class mark on a dissertation is slightly more difficult than it is for shorter assignments. This is simply due to the complexity of the dissertation compared to most types of coursework. However, the greater length of time that students have to complete a dissertation means that a First Class is definitely achievable. With some attention to the following details, you can increase your chances of moving from a 2:1 to a First.

First Class Dissertation

Be innovative.

You can set yourself up for earning a first by developing an original and innovative research plan from the start. The best dissertations demonstrate creative, independent thinking. Remember that the dissertation is often viewed as a starting point to a more advanced research career, so proving your ability for original thinking is a great way to show your potential to examiners.

Be Critical

The difference between a 2:1 dissertation and a first class dissertation is often the degree of critical thinking that it demonstrates. You should show an ability to think beyond common knowledge and deduce conclusions through insightful and analytical applications of theory. Although this may seem challenging, it is a skill that you will naturally develop from a wide reading of journal articles in your field. You can also enhance your ability for critical writing by discussing your ideas in seminars and conferences.

Create a Complex Argument – One of the best ways to convey your critical thinking abilities is by creating a complex but coherent argument. This involves combining multiple strands of established ideas to develop a highly specific analytical framework. You should be able to clearly define your overarching philosophy and methodology, and consider how this relates to various theoretical trends in your field. You should avoid convoluted arguments that include too many different ideas; instead, choose two or three complementary approaches and combine them to create a unique viewpoint on your subject.

Use Obscure Source Material

A good way to impress examiners and move from a 2:1 to a first class dissertation is to locate and make use of relatively unknown source material. This can take the form of primary sources obtained from historical archives and research laboratories or lesser-used secondary sources that you might secure through interlibrary loans. Using these materials will demonstrate your dedication to your research and your ability to judge the value of comparatively obscure sources.

Include Tables, Figures and Appendices

A First Class dissertation will include relevant tables, figures and data sets. These can provide essential information to support your overall argument. It is usually best to include these in an appendix at the end of your dissertation so that you can refer to the data multiple times throughout the work.

Write several drafts of your first class dissertation

Finally, be sure to write several drafts of your dissertation so that you can refine it to the level necessary to achieve a First. Often students will receive a 2:1 simply because they overlooked small typographical errors or clumsily written expression. By rewriting the dissertation several times you will be able to eliminate unnecessary phrases and increase its overall clarity. It will also give you more chances to receive feedback from tutors, which is essential if you want to move from a 2:1 to a first class dissertation!

Further Reading:

• Thinking Critically
• Surviving Your Dissertation: A Comprehensive Guide to Content and Process.

First class dissertation is not easy to complete – it required skill, time and determination. If you need a first class dissertation, but struggle to complete it – our dissertation editing and improvement service can be a solution for you.

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