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You are required to write a case note of no more than 1000 words on the case of CAS 2020/A/6807 Blake Leeper v. International Association of Athletics Federations.
(The case has been attached as a PDF – Please find this as it is vital as the whole question revolves around it)
This is a Sports Law Case Note/Coursework for a third year Law university student,
Your case note should follow the below described format and within the analysis section you have the opportunity to demonstrate your wider knowledge of how this case has shaped the ownership of rights in sport and the position of law today. Additionally, I have attached a “how to write a case note”, which should aid the writer.
(A) Research
As with any piece of legal writing, the first step in writing a case note is conducting the necessary research. Read the case multiple times and note down the facts and the ratio decedendi. The case should be read in the context of the area of law as a whole; understanding how the case relates to existing principles and case law is key in forming a critique and analysis. Further consideration should be given to whether the law is still relevant, and whether it is still considered to be a strong precedent. While a case note tends not to rely on academic sources as much as a legal essay, it is still worth exploring academic commentary around the case, from which a greater perspective can be gleaned.
(B) Writing
There is no rigid structure for how a case note should be written, but this article will attempt to lay out a basic structure and guide for writing the case note itself. It is worth noting that many brilliant case notes do not follow this structure, and can often depart from it dramatically, so there is no pressure to follow this structure.
As is the case in most legal writing, it is generally recommended that the piece is broken down into separate headings. This can make the case note easier to follow, and direct the reader to the important elements of the piece. When writing a case note for a legal journal or a assignment, regard should be had for the word-count when deciding on how specific the headings are; if there is a lower word-count such as in this case, it might make sense to merge some of the headings together.
(i) The Introduction
The introduction of a case note should introduce the case and indicate the court in which it was decided. It should lay out the structure of the case note, explain the significance of the case (i.e. the change in the law brought about by the case), and briefly outline your opinion of the case.
(ii) The Facts of the Case
The second section of the case note should briefly outline the facts of the case. It is important to keep in mind that a case note is not simply a summary of a case; the facts simply set out the background for your analysis. Due to this, this section of the case note should not be too long, and the aim should be to illustrate the facts that were relevant in the court’s reasoning, rather than the entirety of the factual circumstances. This is generally a good place to mention the decisions of the lower courts in relation to the case at hand.
(iii) The Decision and the Ratio Decidendi
This section of the case note should deal with the reasoning that lead to the court’s decision, and specific emphasis should be placed on the key decisions and the ratio decedendi. Here, detail should be provided on the case law that the court either relied on or moved away from, and a short explanation of the reasoning behind such moves should be given. The way that the decision was handled should also be mentioned (e.g. was the judgment suspended to allow the government to amend the issue?), as this is often indicative of the attitude of the courts in relation to the issue at hand.
(iv) Critical Analysis/Further Discussion
The primary aim of a case note is to critically analyse a particular decision and the effect it has on the law. “Critically analyse” can be a confusing phrase, so considering some of the following questions may be a useful starting point:
• Is the logic of the judgment sound? Do you agree with it? Why or why not?
• Does the judgment differ or depart from previous decisions? Does it follow some aspects but not others?
• How does the judgment compare with international precedent?
• Does the judgment reflect political/economic/cultural tensions?
• Does the judgment fail to acknowledge any legal or extra-legal repercussions it may have?
• Has the judgment failed to address any important questions?
• Do you agree with the decision? Why?
It is worth noting that “critically analyse” does not mean you have to disagree with a judgment; the best critical analysis praises some aspects of a judgment, and attacks others. Commentary on previous related decisions may help to inform your opinion on a case and help with the critical analysis. It is recommended that some thought is given to how the case may have a lasting impact, and it should be acknowledged whether the case might be open to appeal. However, as in any legal piece, it is advisable that a certain degree of critical analysis is woven throughout the piece, rather than isolated to one section.
(v) Conclusion
The conclusion should very briefly summarise the decision, the flaws and achievements that have been discussed throughout the case note, and your overall opinion. A general rule for any piece of writing is that new substantive arguments that have not been discussed in the body of the piece should not be introduced in the conclusion. Finally, some concluding remarks could be offered about the effect of the case on that area of law, and how future cases may be influenced by it.
(vi) Analysis
The analysis of the case is your opportunity to demonstrate your understanding of the case by giving your opinion and how the case interacts with the law today.
Below shows the criteria required, in order to aid the writer in producing a good example.
1. Have a significant ability to work and research independently and seek advice as required.
2. Have a significant ability to identify and prioritise source materials needed for a clear and proper understanding of the subject.
3. Have a critical awareness of the legal and commercial factors which currently shape the law relating to sport and the new media.
4. Have a sound analytical and critical appreciation of practices within the law relating to sport and the new media
5. Have a wide awareness of issues at the forefront of the law relating to sport and the new media; and the ability to apply it critically in a variety of contexts.
Max 1000 words.
The word limit includes tables, figures, quotations and citations, but excludes the references list and appendices.
It is vital that the answer is not general sweeping and is always linked back to the case/question in hand in order to ensure that the answer is constantly being answered.

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