examples of first class dissertations

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Dissertation examples

Listed below are some of the best examples of research projects and dissertations from undergraduate and taught postgraduate students at the University of Leeds We have not been able to gather examples from all schools. The module requirements for research projects may have changed since these examples were written. Refer to your module guidelines to make sure that you address all of the current assessment criteria. Some of the examples below are only available to access on campus.

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Students in the School of Economics at the University of Nottingham consistently produce work of a very high standard in the form of coursework essays, dissertations, research work and policy articles.

Below are some examples of the excellent work produced by some of our students. The authors have agreed for their work to be made available as examples of good practice.

Undergraduate dissertations

• The Causal Impact of Education on Crime Rates: A Recent US Analysis . Emily Taylor, BSc Hons Economics, 2022
• Does a joint income taxation system for married couples disincentivise the female labour supply? Jodie Gollop, BA Hons Economics with German, 2022
• Conditional cooperation between the young and old and the influence of work experience, charitable giving, and social identity . Rachel Moffat, BSc Hons Economics, 2021
• An Extended Literature Review on the Contribution of Economic Institutions to the Great Divergence in the 19th Century . Jessica Richens, BSc Hons Economics, 2021
• Does difference help make a difference? Examining whether young trustees and female trustees affect charities’ financial performance. Chris Hyland, BSc Hons Economics, 2021

Postgraduate dissertations

• The impact of Covid-19 on the public and health expenditure gradient in mortality in England . Alexander Waller, MSc Economic Development & Policy Analysis, 2022
• Impact of the Child Support Grant on Nutritional Outcomes in South Africa: Is there a ‘pregnancy support’ effect? . Claire Lynam, MSc Development Economics, 2022
• An Empirical Analysis of the Volatility Spillovers between Commodity Markets, Exchange Rates, and the Sovereign CDS Spreads of Commodity Exporters . Alfie Fox-Heaton, MSc Financial Economics, 2022
• The 2005 Atlantic Hurricane Season and Labour Market Transitions . Edward Allenby, MSc Economics, 2022
• The scope of international agreements . Sophia Vaaßen, MSc International Economics, 2022

Thank you to all those students who have agreed to have their work showcased in this way.

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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.

[button url="http://www.academicsciences.co.uk/wp-content/uploads/2012/10/How-to-Write-a-First-Class-Dissertation.pdf" ]To download this guide for free, click here![/button]

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.

How To Write A Dissertation Introduction Chapter:

The 7 essential ingredients of an a-grade introduction.

By: Derek Jansen (MBA). Reviewed By Dr Eunice Rautenbach (D. Tech) | March 2020

If you’re reading this, you’re probably at the daunting early phases of writing up the introduction chapter of your dissertation or thesis. It can be intimidating, I know. 

In this post, we’ll look at the 7 essential ingredients of a strong dissertation or thesis introduction chapter, as well as the essential things you need to keep in mind as you craft each section. We’ll also share some useful tips to help you optimize your approach.

Overview: How To Write An Introduction Chapter

• Understand the purpose and function of the intro chapter
• Craft an enticing and engaging opening section
• Provide a background and context to the study
• Clearly define the research problem
• State your research aims, objectives and questions
• Explain the significance of your study
• Identify the limitations of your research
• Outline the structure of your dissertation or thesis

A quick sidenote:

You’ll notice that I’ve used the words dissertation and thesis interchangeably. While these terms reflect different levels of research – for example, Masters vs PhD-level research – the introduction chapter generally contains the same 7 essential ingredients regardless of level. So, in this post, dissertation introduction equals thesis introduction.

Start with why.

To craft a high-quality dissertation or thesis introduction chapter, you need to understand exactly what this chapter needs to achieve. In other words, what’s its purpose ? As the name suggests, the introduction chapter needs to introduce the reader to your research so that they understand what you’re trying to figure out, or what problem you’re trying to solve. More specifically, you need to answer four important questions in your introduction chapter.

These questions are:

• What will you be researching? (in other words, your research topic)
• Why is that worthwhile? (in other words, your justification)
• What will the scope of your research be? (in other words, what will you cover and what won’t you cover)
• What will the limitations of your research be? (in other words, what will the potential shortcomings of your research be?)

Simply put, your dissertation’s introduction chapter needs to provide an overview of your planned research , as well as a clear rationale for it. In other words, this chapter has to explain the “what” and the “why” of your research – what’s it all about and why’s that important.

Simple enough, right?

Well, the trick is finding the appropriate depth of information. As the researcher, you’ll be extremely close to your topic and this makes it easy to get caught up in the minor details. While these intricate details might be interesting, you need to write your introduction chapter on more of a “need-to-know” type basis, or it will end up way too lengthy and dense. You need to balance painting a clear picture with keeping things concise. Don’t worry though – you’ll be able to explore all the intricate details in later chapters.

Now that you understand what you need to achieve from your introduction chapter, we can get into the details. While the exact requirements for this chapter can vary from university to university, there are seven core components that most universities will require. We call these the seven essential ingredients . 

The 7 Essential Ingredients

• The opening section – where you’ll introduce the reader to your research in high-level terms
• The background to the study – where you’ll explain the context of your project
• The research problem – where you’ll explain the “gap” that exists in the current research
• The research aims , objectives and questions – where you’ll clearly state what your research will aim to achieve
• The significance (or justification) – where you’ll explain why your research is worth doing and the value it will provide to the world
• The limitations – where you’ll acknowledge the potential limitations of your project and approach
• The structure – where you’ll briefly outline the structure of your dissertation or thesis to help orient the reader

By incorporating these seven essential ingredients into your introduction chapter, you’ll comprehensively cover both the “ what ” and the “ why ” I mentioned earlier – in other words, you’ll achieve the purpose of the chapter.

Side note – you can also use these 7 ingredients in this order as the structure for your chapter to ensure a smooth, logical flow. This isn’t essential, but, generally speaking, it helps create an engaging narrative that’s easy for your reader to understand. If you’d like, you can also download our free introduction chapter template here.

Alright – let’s look at each of the ingredients now.

#1 – The Opening Section

The very first essential ingredient for your dissertation introduction is, well, an introduction or opening section. Just like every other chapter, your introduction chapter needs to start by providing a brief overview of what you’ll be covering in the chapter.

This section needs to engage the reader with clear, concise language that can be easily understood and digested. If the reader (your marker!) has to struggle through it, they’ll lose interest, which will make it harder for you to earn marks. Just because you’re writing an academic paper doesn’t mean you can ignore the basic principles of engaging writing used by marketers, bloggers, and journalists. At the end of the day, you’re all trying to sell an idea – yours is just a research idea.

So, what goes into this opening section?

Well, while there’s no set formula, it’s a good idea to include the following four foundational sentences in your opening section:

1 – A sentence or two introducing the overall field of your research.

For example:

“Organisational skills development involves identifying current or potential skills gaps within a business and developing programs to resolve these gaps. Management research, including X, Y and Z, has clearly established that organisational skills development is an essential contributor to business growth.”

2 – A sentence introducing your specific research problem.

“However, there are conflicting views and an overall lack of research regarding how best to manage skills development initiatives in highly dynamic environments where subject knowledge is rapidly and continuously evolving – for example, in the website development industry.”

3 – A sentence stating your research aims and objectives.

“This research aims to identify and evaluate skills development approaches and strategies for highly dynamic industries in which subject knowledge is continuously evolving.”.

4 – A sentence outlining the layout of the chapter.

“This chapter will provide an introduction to the study by first discussing the background and context, followed by the research problem, the research aims, objectives and questions, the significance and finally, the limitations.”

As I mentioned, this opening section of your introduction chapter shouldn’t be lengthy . Typically, these four sentences should fit neatly into one or two paragraphs, max. What you’re aiming for here is a clear, concise introduction to your research – not a detailed account.

PS – If some of this terminology sounds unfamiliar, don’t stress – I’ll explain each of the concepts later in this post.

#2 – Background to the study

Now that you’ve provided a high-level overview of your dissertation or thesis, it’s time to go a little deeper and lay a foundation for your research topic. This foundation is what the second ingredient is all about – the background to your study.

So, what is the background section all about?

Well, this section of your introduction chapter should provide a broad overview of the topic area that you’ll be researching, as well as the current contextual factors . This could include, for example, a brief history of the topic, recent developments in the area, key pieces of research in the area and so on. In other words, in this section, you need to provide the relevant background information to give the reader a decent foundational understanding of your research area.

Let’s look at an example to make this a little more concrete.

If we stick with the skills development topic I mentioned earlier, the background to the study section would start by providing an overview of the skills development area and outline the key existing research. Then, it would go on to discuss how the modern-day context has created a new challenge for traditional skills development strategies and approaches. Specifically, that in many industries, technical knowledge is constantly and rapidly evolving, and traditional education providers struggle to keep up with the pace of new technologies.

Importantly, you need to write this section with the assumption that the reader is not an expert in your topic area. So, if there are industry-specific jargon and complex terminology, you should briefly explain that here , so that the reader can understand the rest of your document.

Don’t make assumptions about the reader’s knowledge – in most cases, your markers will not be able to ask you questions if they don’t understand something. So, always err on the safe side and explain anything that’s not common knowledge.

#3 – The research problem

Now that you’ve given your reader an overview of your research area, it’s time to get specific about the research problem that you’ll address in your dissertation or thesis. While the background section would have alluded to a potential research problem (or even multiple research problems), the purpose of this section is to narrow the focus and highlight the specific research problem you’ll focus on.

But, what exactly is a research problem, you ask?

Well, a research problem can be any issue or question for which there isn’t already a well-established and agreed-upon answer in the existing research. In other words, a research problem exists when there’s a need to answer a question (or set of questions), but there’s a gap in the existing literature , or the existing research is conflicting and/or inconsistent.

So, to present your research problem, you need to make it clear what exactly is missing in the current literature and why this is a problem . It’s usually a good idea to structure this discussion into three sections – specifically:

• What’s already well-established in the literature (in other words, the current state of research)
• What’s missing in the literature (in other words, the literature gap)
• Why this is a problem (in other words, why it’s important to fill this gap)

Let’s look at an example of this structure using the skills development topic.

Organisational skills development is critically important for employee satisfaction and company performance (reference). Numerous studies have investigated strategies and approaches to manage skills development programs within organisations (reference).

(this paragraph explains what’s already well-established in the literature)

However, these studies have traditionally focused on relatively slow-paced industries where key skills and knowledge do not change particularly often. This body of theory presents a problem for industries that face a rapidly changing skills landscape – for example, the website development industry – where new platforms, languages and best practices emerge on an extremely frequent basis.

(this paragraph explains what’s missing from the literature)

As a result, the existing research is inadequate for industries in which essential knowledge and skills are constantly and rapidly evolving, as it assumes a slow pace of knowledge development. Industries in such environments, therefore, find themselves ill-equipped in terms of skills development strategies and approaches.

(this paragraph explains why the research gap is problematic)

As you can see in this example, in a few lines, we’ve explained (1) the current state of research, (2) the literature gap and (3) why that gap is problematic. By doing this, the research problem is made crystal clear, which lays the foundation for the next ingredient.

#4 – The research aims, objectives and questions

Now that you’ve clearly identified your research problem, it’s time to identify your research aims and objectives , as well as your research questions . In other words, it’s time to explain what you’re going to do about the research problem.

So, what do you need to do here?

Well, the starting point is to clearly state your research aim (or aims) . The research aim is the main goal or the overarching purpose of your dissertation or thesis. In other words, it’s a high-level statement of what you’re aiming to achieve.

Let’s look at an example, sticking with the skills development topic:

“Given the lack of research regarding organisational skills development in fast-moving industries, this study will aim to identify and evaluate the skills development approaches utilised by web development companies in the UK”.

As you can see in this example, the research aim is clearly outlined, as well as the specific context in which the research will be undertaken (in other words, web development companies in the UK).

Next up is the research objective (or objectives) . While the research aims cover the high-level “what”, the research objectives are a bit more practically oriented, looking at specific things you’ll be doing to achieve those research aims.

Let’s take a look at an example of some research objectives (ROs) to fit the research aim.

• RO1 – To identify common skills development strategies and approaches utilised by web development companies in the UK.
• RO2 – To evaluate the effectiveness of these strategies and approaches.
• RO3 – To compare and contrast these strategies and approaches in terms of their strengths and weaknesses.

As you can see from this example, these objectives describe the actions you’ll take and the specific things you’ll investigate in order to achieve your research aims. They break down the research aims into more specific, actionable objectives.

The final step is to state your research questions . Your research questions bring the aims and objectives another level “down to earth”. These are the specific questions that your dissertation or theses will seek to answer. They’re not fluffy, ambiguous or conceptual – they’re very specific and you’ll need to directly answer them in your conclusions chapter .

The research questions typically relate directly to the research objectives and sometimes can look a bit obvious, but they are still extremely important. Let’s take a look at an example of the research questions (RQs) that would flow from the research objectives I mentioned earlier.

• RQ1 – What skills development strategies and approaches are currently being used by web development companies in the UK?
• RQ2 – How effective are each of these strategies and approaches?
• RQ3 – What are the strengths and weaknesses of each of these strategies and approaches?

As you can see, the research questions mimic the research objectives , but they are presented in question format. These questions will act as the driving force throughout your dissertation or thesis – from the literature review to the methodology and onward – so they’re really important.

A final note about this section – it’s really important to be clear about the scope of your study (more technically, the delimitations ). In other words, what you WILL cover and what you WON’T cover. If your research aims, objectives and questions are too broad, you’ll risk losing focus or investigating a problem that is too big to solve within a single dissertation.

Simply put, you need to establish clear boundaries in your research. You can do this, for example, by limiting it to a specific industry, country or time period. That way, you’ll ringfence your research, which will allow you to investigate your topic deeply and thoroughly – which is what earns marks!

Need a helping hand?

#5 – Significance

Now that you’ve made it clear what you’ll be researching, it’s time to make a strong argument regarding your study’s importance and significance . In other words, now that you’ve covered the what, it’s time to cover the why – enter essential ingredient number 5 – significance.

Of course, by this stage, you’ve already briefly alluded to the importance of your study in your background and research problem sections, but you haven’t explicitly stated how your research findings will benefit the world . So, now’s your chance to clearly state how your study will benefit either industry , academia , or – ideally – both . In other words, you need to explain how your research will make a difference and what implications it will have.

Let’s take a look at an example.

“This study will contribute to the body of knowledge on skills development by incorporating skills development strategies and approaches for industries in which knowledge and skills are rapidly and constantly changing. This will help address the current shortage of research in this area and provide real-world value to organisations operating in such dynamic environments.”

As you can see in this example, the paragraph clearly explains how the research will help fill a gap in the literature and also provide practical real-world value to organisations.

This section doesn’t need to be particularly lengthy, but it does need to be convincing . You need to “sell” the value of your research here so that the reader understands why it’s worth committing an entire dissertation or thesis to it. This section needs to be the salesman of your research. So, spend some time thinking about the ways in which your research will make a unique contribution to the world and how the knowledge you create could benefit both academia and industry – and then “sell it” in this section.

#6 – The limitations

Now that you’ve “sold” your research to the reader and hopefully got them excited about what’s coming up in the rest of your dissertation, it’s time to briefly discuss the potential limitations of your research.

But you’re probably thinking, hold up – what limitations? My research is well thought out and carefully designed – why would there be limitations?

Well, no piece of research is perfect . This is especially true for a dissertation or thesis – which typically has a very low or zero budget, tight time constraints and limited researcher experience. Generally, your dissertation will be the first or second formal research project you’ve ever undertaken, so it’s unlikely to win any research awards…

Simply put, your research will invariably have limitations. Don’t stress yourself out though – this is completely acceptable (and expected). Even “professional” research has limitations – as I said, no piece of research is perfect. The key is to recognise the limitations upfront and be completely transparent about them, so that future researchers are aware of them and can improve the study’s design to minimise the limitations and strengthen the findings.

Generally, you’ll want to consider at least the following four common limitations. These are:

• Your scope – for example, perhaps your focus is very narrow and doesn’t consider how certain variables interact with each other.
• Your research methodology – for example, a qualitative methodology could be criticised for being overly subjective, or a quantitative methodology could be criticised for oversimplifying the situation (learn more about methodologies here ).
• Your resources – for example, a lack of time, money, equipment and your own research experience.
• The generalisability of your findings – for example, the findings from the study of a specific industry or country can’t necessarily be generalised to other industries or countries.

Don’t be shy here. There’s no use trying to hide the limitations or weaknesses of your research. In fact, the more critical you can be of your study, the better. The markers want to see that you are aware of the limitations as this demonstrates your understanding of research design – so be brutal.

#7 – The structural outline

Now that you’ve clearly communicated what your research is going to be about, why it’s important and what the limitations of your research will be, the final ingredient is the structural outline.The purpose of this section is simply to provide your reader with a roadmap of what to expect in terms of the structure of your dissertation or thesis.

In this section, you’ll need to provide a brief summary of each chapter’s purpose and contents (including the introduction chapter). A sentence or two explaining what you’ll do in each chapter is generally enough to orient the reader. You don’t want to get too detailed here – it’s purely an outline, not a summary of your research.

Let’s look at an example:

In Chapter One, the context of the study has been introduced. The research objectives and questions have been identified, and the value of such research argued. The limitations of the study have also been discussed.

In Chapter Two, the existing literature will be reviewed and a foundation of theory will be laid out to identify key skills development approaches and strategies within the context of fast-moving industries, especially technology-intensive industries.

In Chapter Three, the methodological choices will be explored. Specifically, the adoption of a qualitative, inductive research approach will be justified, and the broader research design will be discussed, including the limitations thereof.

So, as you can see from the example, this section is simply an outline of the chapter structure, allocating a short paragraph to each chapter. Done correctly, the outline will help your reader understand what to expect and reassure them that you’ll address the multiple facets of the study.

By the way – if you’re unsure of how to structure your dissertation or thesis, be sure to check out our video post which explains dissertation structure .

Keep calm and carry on.

Hopefully you feel a bit more prepared for this challenge of crafting your dissertation or thesis introduction chapter now. Take a deep breath and remember that Rome wasn’t built in a day – conquer one ingredient at a time and you’ll be firmly on the path to success.

Let’s quickly recap – the 7 ingredients are:

• The opening section – where you give a brief, high-level overview of what your research will be about.
• The study background – where you introduce the reader to key theory, concepts and terminology, as well as the context of your study.
• The research problem – where you explain what the problem with the current research is. In other words, the research gap.
• The research aims , objectives and questions – where you clearly state what your dissertation will investigate.
• The significance – where you explain what value your research will provide to the world.
• The limitations – where you explain what the potential shortcomings and limitations of your research may be.
• The structural outline – where you provide a high-level overview of the structure of your document

If you bake these ingredients into your dissertation introduction chapter, you’ll be well on your way to building an engaging introduction chapter that lays a rock-solid foundation for the rest of your document.

Remember, while we’ve covered the essential ingredients here, there may be some additional components that your university requires, so be sure to double-check your project brief!

Psst... there’s more!

This post was based on one of our popular Research Bootcamps . If you're working on a research project, you'll definitely want to check this out ...

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42 Comments

Thanks very much for such an insight. I feel confident enough in undertaking my thesis on the survey;The future of facial recognition and learning non verbal interaction

Glad to hear that. Good luck with your thesis!

Thanks very much for such an insight. I feel confident now undertaking my thesis; The future of facial recognition and learning non verbal interaction.

Thanks so much for this article. I found myself struggling and wasting a lot of time in my thesis writing but after reading this article and watching some of your youtube videos, I now have a clear understanding of what is required for a thesis.

Thank you Derek, i find your each post so useful. Keep it up.

Thank you so much Derek ,for shedding the light and making it easier for me to handle the daunting task of academic writing .

Thanks do much Dereck for the comprehensive guide. It will assist me queit a lot in my thesis.

thanks a lot for helping

i LOVE the gifs, such a fun way to engage readers. thanks for the advice, much appreciated

Thanks a lot Derek! It will be really useful to the beginner in research!

You’re welcome

This is a well written, easily comprehensible, simple introduction to the basics of a Research Dissertation../the need to keep the reader in mind while writing the dissertation is an important point that is covered../ I appreciate the efforts of the author../

The instruction given are perfect and clear. I was supposed to take the course , unfortunately in Nepal the service is not avaialble.However, I am much more hopeful that you will provide require documents whatever you have produced so far.

Thank you very much

Thanks so much ❤️😘 I feel am ready to start writing my research methodology

This is genuinely the most effective advice I have ever been given regarding academia. Thank you so much!

This is one of the best write up I have seen in my road to PhD thesis. regards, this write up update my knowledge of research

I was looking for some good blogs related to Education hopefully your article will help. Thanks for sharing.

This is an awesome masterpiece. It is one of the most comprehensive guides to writing a Dissertation/Thesis I have seen and read.

You just saved me from going astray in writing a Dissertation for my undergraduate studies. I could not be more grateful for such a relevant guide like this. Thank you so much.

Thank you so much Derek, this has been extremely helpful!!

I do have one question though, in the limitations part do you refer to the scope as the focus of the research on a specific industry/country/chronological period? I assume that in order to talk about whether or not the research could be generalized, the above would need to be already presented and described in the introduction.

Thank you again!

Phew! You have genuinely rescued me. I was stuck how to go about my thesis. Now l have started. Thank you.

This is the very best guide in anything that has to do with thesis or dissertation writing. The numerous blends of examples and detailed insights make it worth a read and in fact, a treasure that is worthy to be bookmarked.

Thanks a lot for this masterpiece!

Powerful insight. I can now take a step

Thank you very much for these valuable introductions to thesis chapters. I saw all your videos about writing the introduction, discussion, and conclusion chapter. Then, I am wondering if we need to explain our research limitations in all three chapters, introduction, discussion, and conclusion? Isn’t it a bit redundant? If not, could you please explain how can we write in different ways? Thank you.

Excellent!!! Thank you…

Thanks for this informative content. I have a question. The research gap is mentioned in both the introduction and literature section. I would like to know how can I demonstrate the research gap in both sections without repeating the contents?

I’m incredibly grateful for this invaluable content. I’ve been dreading compiling my postgrad thesis but breaking each chapter down into sections has made it so much easier for me to engage with the material without feeling overwhelmed. After relying on your guidance, I’m really happy with how I’ve laid out my introduction.

Thank you for the informative content you provided

Hi Derrick and Team, thank you so much for the comprehensive guide on how to write a dissertation or a thesis introduction section. For some of us first-timers, it is a daunting task. However, the instruction with relevant examples makes it clear and easy to follow through. Much appreciated.

It was so helpful. God Bless you. Thanks very much

I thank you Grad coach for your priceless help. I have two questions I have learned from your video the limitations of the research presented in chapter one. but in another video also presented in chapter five. which chapter limitation should be included? If possible, I need your answer since I am doing my thesis. how can I explain If I am asked what is my motivation for this research?

Thank you guys for the great work you are doing. Honestly, you have made the research to be interesting and simplified. Even a novice will easily grasp the ideas you put forward, Thank you once again.

Excellent piece!

I feel like just settling for a good topic is usually the hardest part.

Thank you so much. My confidence has been completely destroyed during my first year of PhD and you have helped me pull myself together again

Happy to help 🙂

I am so glad I ran into your resources and did not waste time doing the wrong this. Research is now making so much sense now.

Gratitude to Derrick and the team I was looking for a solid article that would aid me in drafting the thesis’ introduction. I felt quite happy when I came across the piece you wrote because it was so well-written and insightful. I wish you success in the future.

thank you so much. God Bless you

Thank you so much Grad Coach for these helpful insights. Now I can get started, with a great deal of confidence.

It’s ‘alluded to’ not ‘eluded to’.

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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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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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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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Prize-Winning Thesis and Dissertation Examples

Published on 9 September 2022 by Tegan George . Revised on 6 April 2023.

It can be difficult to know where to start when writing your thesis or dissertation . One way to come up with some ideas or maybe even combat writer’s block is to check out previous work done by other students.

This article collects a list of undergraduate, master’s, and PhD theses and dissertations that have won prizes for their high-quality research.

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Award-winning undergraduate theses, award-winning master’s theses, award-winning ph.d. dissertations.

University : University of Pennsylvania Faculty : History Author : Suchait Kahlon Award : 2021 Hilary Conroy Prize for Best Honors Thesis in World History Title : “Abolition, Africans, and Abstraction: the Influence of the “Noble Savage” on British and French Antislavery Thought, 1787-1807”

University : Columbia University Faculty : History Author : Julien Saint Reiman Award : 2018 Charles A. Beard Senior Thesis Prize Title : “A Starving Man Helping Another Starving Man”: UNRRA, India, and the Genesis of Global Relief, 1943-1947

University: University College London Faculty: Geography Author: Anna Knowles-Smith Award:  2017 Royal Geographical Society Undergraduate Dissertation Prize Title:  Refugees and theatre: an exploration of the basis of self-representation

University: University of Washington Faculty:  Computer Science & Engineering Author: Nick J. Martindell Award: 2014 Best Senior Thesis Award Title:  DCDN: Distributed content delivery for the modern web

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University:  University of Edinburgh Faculty:  Informatics Author:  Christopher Sipola Award:  2018 Social Responsibility & Sustainability Dissertation Prize Title:  Summarizing electricity usage with a neural network

University:  University of Ottawa Faculty:  Education Author:  Matthew Brillinger Award:  2017 Commission on Graduate Studies in the Humanities Prize Title:  Educational Park Planning in Berkeley, California, 1965-1968

University:  University of Ottawa Faculty: Social Sciences Author:  Heather Martin Award:  2015 Joseph De Koninck Prize Title:  An Analysis of Sexual Assault Support Services for Women who have a Developmental Disability

University : University of Ottawa Faculty : Physics Author : Guillaume Thekkadath Award : 2017 Commission on Graduate Studies in the Sciences Prize Title : Joint measurements of complementary properties of quantum systems

University:  London School of Economics Faculty: International Development Author: Lajos Kossuth Award:  2016 Winner of the Prize for Best Overall Performance Title:  Shiny Happy People: A study of the effects income relative to a reference group exerts on life satisfaction

University : Stanford University Faculty : English Author : Nathan Wainstein Award : 2021 Alden Prize Title : “Unformed Art: Bad Writing in the Modernist Novel”

University : University of Massachusetts at Amherst Faculty : Molecular and Cellular Biology Author : Nils Pilotte Award : 2021 Byron Prize for Best Ph.D. Dissertation Title : “Improved Molecular Diagnostics for Soil-Transmitted Molecular Diagnostics for Soil-Transmitted Helminths”

University:  Utrecht University Faculty:  Linguistics Author:  Hans Rutger Bosker Award: 2014 AVT/Anéla Dissertation Prize Title:  The processing and evaluation of fluency in native and non-native speech

University: California Institute of Technology Faculty: Physics Author: Michael P. Mendenhall Award: 2015 Dissertation Award in Nuclear Physics Title: Measurement of the neutron beta decay asymmetry using ultracold neutrons

University:  Stanford University Faculty: Management Science and Engineering Author:  Shayan O. Gharan Award:  Doctoral Dissertation Award 2013 Title:   New Rounding Techniques for the Design and Analysis of Approximation Algorithms

University: University of Minnesota Faculty: Chemical Engineering Author: Eric A. Vandre Award:  2014 Andreas Acrivos Dissertation Award in Fluid Dynamics Title: Onset of Dynamics Wetting Failure: The Mechanics of High-speed Fluid Displacement

University: Erasmus University Rotterdam Faculty: Marketing Author: Ezgi Akpinar Award: McKinsey Marketing Dissertation Award 2014 Title: Consumer Information Sharing: Understanding Psychological Drivers of Social Transmission

University: University of Washington Faculty: Computer Science & Engineering Author: Keith N. Snavely Award:  2009 Doctoral Dissertation Award Title: Scene Reconstruction and Visualization from Internet Photo Collections

University:  University of Ottawa Faculty:  Social Work Author:  Susannah Taylor Award: 2018 Joseph De Koninck Prize Title:  Effacing and Obscuring Autonomy: the Effects of Structural Violence on the Transition to Adulthood of Street Involved Youth

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How to Write the Thesis Or Dissertation Introduction – Guide

Published by Carmen Troy at August 31st, 2021 , Revised On January 24, 2024

Introducing your Dissertation Topic

What would you tell someone if they asked you to introduce yourself? You’d probably start with your name, what you do for a living…etc., etc., etc. Think of your dissertation. How would you go about it if you had to introduce it to the world for the first time?

Keep this forefront in your mind for the remainder of this guide: you are introducing your research to the world that doesn’t even know it exists. Every word, phrase and line you write in your introduction will stand for the strength of your dissertation’s character.

This is not very different from how, in real life, if someone fails to introduce themselves properly (such as leaving out what they do for a living, where they live, etc.) to a stranger, it leaves a lasting impression on the stranger.

Don’t leave your dissertation a stranger among other strangers. Let’s review the little, basic concepts we already have at the back of our minds, perhaps, to piece them together in one body: an introduction.

What Goes Inside an Introduction

The exact ingredients of a dissertation or thesis introduction chapter vary depending on  your chosen research topic, your university’s guidelines, and your academic subject – but they are generally mixed in one sequence or another to introduce an academic argument.

The critical elements of an excellent dissertation introduction include a definition of the selected research topic , a reference to previous studies on the subject, a statement of the value of the subject for academic and scientific communities, a clear aim/purpose of the study, a list of your objectives, a reference to viewpoints of other researchers and a justification for the research.

Topic Discussion versus Topic Introduction

Discussing and introducing a topic are two highly different aspects of dissertation introduction writing. You might find it easy to discuss a topic, but introducing it is much trickier.

The introduction is the first thing a reader reads; thus, it must be to the point, informative, engaging, and enjoyable. Even if one of these elements is missing, the reader will not be motivated to continue reading the paper and will move on to something different.

So, it’s critical to fully understand how to write the introduction of a dissertation before starting the actual write-up.

When writing a dissertation introduction, one has to explain the title, discuss the topic and present a background so that readers understand what your research is about and what  results you expect to achieve at the end of the research work.

As a standard practice, you might work on your dissertation introduction chapter several times. Once when you’re working on your proposal and the second time when writing your actual dissertation.

“ Want to keep up with the progress of the work done by your writer? ResearchProspect can deliver your dissertation order in three parts; outline, first half, and final dissertation delivery. Here is the link to our online order form .

Many academics argue that the Introduction chapter should be the last section of the dissertation paper you should complete, but by no means is it the last part you would think of because this is where your research starts from.

Write the draft introduction as early as possible. You should write it at the same time as the proposal submission, although you must revise and edit it many times before it takes the final shape.

Considering its importance, many students remain unsure of how to write the introduction of a dissertation. Here are some of the essential elements of how to write the introduction of a dissertation that’ll provide much-needed dissertation introduction writing help.

Below are some guidelines for you to learn to  write a flawless first-class dissertation paper.

Steps of Writing a Dissertation Introduction

1. research background – writing a dissertation introduction.

This is the very first section of your introduction. Building a background of your chosen topic will help you understand more about the topic and help readers know why the general research area is problematic, interesting, central, important, etc.

Your research background should include significant concepts related to your dissertation topic. This will give your supervisor and markers an idea that you’ve investigated the research problem thoroughly and know the various aspects of your topic.

The introduction to a dissertation shouldn’t talk only about other research work in the same area, as this will be discussed in the literature review section. Moreover, this section should not include the research design  and  data collection method(s) .

All about  research strategy  should be covered in the  methodology chapter . Research background only helps to build up your research in general.

For instance, if your research is based on job satisfaction measures of a specific country, the content of the introduction chapter will generally be about job satisfaction and its impact.

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2.     Significance of the Research

As a researcher, you must demonstrate how your research will provide value to the scientific and academic communities. If your dissertation is based on a specific company or industry, you need to explain why that industry and company were chosen.

If you’re comparing, explain why you’re doing so and what this research will yield. Regardless of your chosen research topic, explain thoroughly in this section why this research is being conducted and what benefits it will serve.

The idea here is to convince your supervisor and readers that the concept should be researched to find a solution to a problem.

3.     Research Problem

Once you’ve described the main research problem  and the importance of your research, the next step would be to present your  problem statement , i.e., why this research is being conducted and its purpose.

This is one of the essential aspects of writing a dissertation’s introduction. Doing so will help your readers understand what you intend to do in this research and what they should expect from this study.

Presenting the research problem competently is crucial in persuading your readers to read other parts of the dissertation paper . This research problem is the crux of your dissertation, i.e., it gives a direction as to why this research is being carried out, and what issues the study will consider.

For example, if your dissertation is based on measuring the job satisfaction of a specific organisation, your research problem should talk about the problem the company is facing and how your research will help the company to solve that.

If your dissertation is not based on any specific organisation, you can explain the common issues that companies face when they do not consider job satisfaction as a pillar of business growth and elaborate on how your research will help them realise its importance.

Citing too many references in the introduction chapter isn’t recommended because here, you must explain why you chose to study a specific area and what your research will accomplish. Any citations only set the context, and you should leave the bulk of the literature for a later section.

4.     Research Question(s)

The central part of your introduction is the research question , which should be based on your research problem and the dissertation title. Combining these two aspects will help you formulate an exciting yet manageable research question.

Your research question is what your research aims to answer and around which your dissertation will revolve. The research question should be specific and concise.

It should be a one- or two-line question you’ve set out to answer through your dissertation. For the job satisfaction example, a sample research question could be, how does job satisfaction positively impact employee performance?

Look up dissertation introduction examples online or ask your friends to get an idea of how an ideal research question is formed. Or you can review our dissertation introduction example here  and  research question examples here .

Once you’ve formed your research question, pick out vital elements from it, based on which you will then prepare your theoretical framework  and literature review. You will come back to your research question again when  concluding your dissertation .

Sometimes, you might have to formulate a hypothesis in place of a research question. The hypothesis is a simple statement you prove with your  results ,  discussion and analysis .

A sample hypothesis could be job satisfaction is positively linked to employee job performance . The results of your dissertation could be in favour of this dissertation or against it.

Tip: Read up about what alternative, null, one-tailed and two-tailed hypotheses are so you can better formulate the hypothesis for your dissertation. Following are the definitions for each term, as retrieved from Trochim et al.’s Research Methods: The Essential Knowledge Base (2016):

• Alternative hypothesis (H 1 ): “A specific statement of prediction that usually states what you expect will happen in your study.”
• Null hypothesis (H 0 ): “The hypothesis that describes the possible outcomes other than the alternative hypothesis. Usually, the null hypothesis predicts there will be no effect of a program or treatment you are studying.”
• One-tailed hypothesis: “A hypothesis that specifies a direction; for example, when your hypothesis predicts that your program will increase the outcome.”
• Two-tailed hypothesis: “A hypothesis that does not specify a direction. For example, if you hypothesise that your program or intervention will affect an outcome, but you are unwilling to specify whether that effect will be positive or negative, you are using a two-tailed hypothesis.”

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Uk’s best academic support services. how would you know until you try, 5.     research aims and objectives.

Next, the research aims and objectives. Aims and objectives are broad statements of desired results of your dissertation . They reflect the expectations of the topic and research and address the long-term project outcomes.

These statements should use the concepts accurately, must be focused, should be able to convey your research intentions and serve as steps that communicate how your  research question  will be answered.

You should formulate your aims and objectives based on your topic, research question, or hypothesis. These are simple statements and are an extension of your research question.

Through the aims and objectives, you communicate to your readers what aspects of research you’ve considered and how you intend to answer your research question.

Usually, these statements initiate with words like ‘to explore’, ‘to study’, ‘to assess’, ‘to critically assess’, ‘to understand’, ‘to evaluate’ etc.

You could ask your supervisor to provide some thesis introduction examples to help you understand better how aims and objectives are formulated. More examples are here .

Your aims and objectives should be interrelated and connect to your research question and problem. If they do not, they’ll be considered vague and too broad in scope.

Always ensure your research aims and objectives are concise, brief, and relevant.

Once you conclude  your dissertation , you will have to revert back to address whether your research aims and objectives have been met.

You will have to reflect on how your dissertation’s findings , analysis, and discussion related to your aims and objectives and how your research has helped in achieving them.

6.     Research Limitations

This section is sometimes a part of the  dissertation methodology section ; however, it is usually included in the introduction of a dissertation.

Every research has some limitations. Thus, it is normal for you to experience certain limitations when conducting your study.

You could experience  research design limitations, data limitations or even financial limitations. Regardless of which type of limitation you may experience, your dissertation would be impacted. Thus, it would be best if you mentioned them without any hesitation.

When including this section in the introduction, make sure that you clearly state the type of constraint you experienced. This will help your supervisor understand what problems you went through while working on your dissertation.

However, one aspect that you should take care of is that your results, in no way, should be influenced by these restrictions. The results should not be compromised, or your dissertation will not be deemed authentic and reliable.

After you’ve mentioned your research limitations, discuss how you overcame them to produce a perfect dissertation .

Also, mention that your limitations do not adversely impact your results and that you’ve produced research with accurate results the academic community can rely on.

Also read:   How to Write Dissertation Methodology .

7.     Outline of the Dissertation

Even though this isn’t a mandatory sub-section of the introduction chapter, good introductory chapters in dissertations outline what’s to follow in the preceding chapters.

It is also usual to set out an  outline of the rest of the dissertation . Depending on your university and academic subject, you might also be asked to include it in your research proposal .

Because your tutor might want to glance over it to see how you  plan your dissertation and what sections you’d include; based on what sections you include and how you intend to research and cover them, they’d provide feedback for you to improve.

Usually, this section discusses what sections you plan to include and what concepts and aspects each section entails. A standard dissertation consists of five sections : chapters, introduction,  literature review ,  methodology ,  results  and  discussion , and  conclusion .

Some  dissertation assignments do not use the same chapter for results and discussion. Instead, they split it into two different chapters, making six chapters. Check with your supervisor regarding which format you should follow.

When discussing the  outline of your dissertation , remember that you’d have to mention what each section involves. Discuss all the significant aspects of each section to give a brief overview of what your dissertation contains, and this is precisely what our dissertation outline service  provides.

Writing a dissertation introduction might seem complicated, but it is not if you understand what is expected of you. To understand the required elements and make sure that you focus on all of them.

Include all the aspects to ensure your supervisor and other readers can easily understand how you intend to undertake your research.

“If you find yourself stuck at any stage of your dissertation introduction, get introduction writing help from our writers! At ResearchProspect, we offer a dissertation writing service , and our qualified team of writers will also assist you in conducting in-depth research for your dissertation.

Dissertation Introduction Samples & Examples

Check out some basic samples of dissertation introduction chapters to get started.

FAQs about Dissertation Introduction

What is the purpose of an introduction chapter.

It’s used to introduce key constructs, ideas, models and/or theories etc. relating to the topic; things that you will be basing the remainder of your dissertation on.

How do you start an introduction in a dissertation?

There is more than one way of starting a dissertation’s introductory chapter. You can begin by stating a problem in your area of interest, review relevant literature, identify the gap, and introduce your topic. Or, you can go the opposite way, too. It’s all entirely up to your discretion. However, be consistent in the format you choose to write in.

How long can an introduction get?

It can range from 1000 to 2000 words for a master’s dissertation , but for a higher-level dissertation, it mostly ranges from 8,000 to 10,000 words ’ introduction chapter. In the end, though, it depends on the guidelines provided to you by your department.

Steps to Writing a Dissertation Introduction

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Not sure how to write dissertation title page? All dissertations must have a dissertation title page where necessary information should be clearly presented

Not sure how to start your dissertation and get it right the first time? Here are some tips and guidelines for you to kick start your dissertation project.

Dissertation conclusion is perhaps the most underrated part of a dissertation or thesis paper. Learn how to write a dissertation conclusion.

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Skills for Learning : Dissertations & Literature Reviews

Dissertations  are extended projects in which you choose, research and write about a specific topic. They provide an opportunity to explore an aspect of your subject in detail. You are responsible for managing your dissertation, though you will be assigned a supervisor. Dissertations are typically empirical (based on your own research) or theoretical (based on others’ research/arguments).

The  Dissertation IT Kit  contains information about formatting your dissertation document in Word.

Look at the  Library Subject Guides  for your area. These have information on finding high quality resources for your dissertation. 

We run interactive workshops to help you prepare for your dissertation. Find out more on the  Skills for Learning Workshops  page.

We have online academic skills modules within MyBeckett for all levels of university study. These modules will help your academic development and support your success at LBU. You can work through the modules at your own pace, revisiting them as required. Find out more from our FAQ  What academic skills modules are available?  

Dissertation proposals

What are dissertation proposals.

A dissertation proposal is an outline of your proposed research project. It is what you imagine your dissertation might look like before you start. Consider it a temporary document which might change during the negotiation process between you and your dissertation supervisor.  The proposal can help you clarify exactly what you want to cover in your dissertation. It can also outline how you are going to approach it. Your dissertation plan and structure might change throughout this process as you develop your ideas. Your proposal is the first step towards your goal: a completed dissertation.

Structuring your dissertation proposal

The structure, content, and length of your dissertation proposal will depend on your course requirements. Some courses may require that your aims and objectives are separate from the main body of the proposal. You might be expected to write a literature review, and/or provide a detailed methodology. You might also be asked to include an extensive context for your proposed study. Consult your module handbook or assignment brief for the specific requirements of your course. 

Give each section of your proposal a heading You can also experiment with giving your proposed dissertation a title. Both of these approaches may help you focus and stay on topic. Most dissertation proposals will have a fairly standard structure, under the following headings:

Sections of a dissertation proposal

• Aims and objectives
• Rationale for your study
• Methodology
• Brief literature review
• Benefits of your research

Describe what you plan to investigate. You could write a statement of your topic, a research question(s), or a hypothesis.

• Explain why you want to do this research.
• Write a justification as to why the project is worth undertaking.
• Reasons might include: a gap in existing research; questioning or extending the findings of earlier research; replicating a piece of research to test its reliability.
• Describe and justify how you plan to do the research.
• You might be reviewing the work of others, which mainly involves secondary, or desk-based, research. Or you might plan to collect data yourself, which is primary research. It is common for undergraduate dissertations to involve a mixture of these.
• If you are doing secondary research, describe how you will select your sources. For primary research, describe how you will collect your data. This might include using questionnaires, interviews, archival research, or other methods. 
• Others will have researched this topic before, or something similar.
• The literature review allows you to outline what they have found and where your project fits in. For example, you could highlight disagreements or discrepancies in the existing research.

Outline who might potentially gain from your research and what you might find out or expand upon. For example, there could be implications for practice in a particular profession.

Dissertation style and language

A dissertation is a logical, structured, argument-based exploration of a topic. The style of your writing may vary slightly in each chapter. For example, your results chapter should display factual information, whereas your analysis chapter might be more argument-based. Make sure your language, tone and abbreviations are consistent within each section. Your language should be formal and contain terminology relevant to your subject area. Dissertations have a large word count. It is important to structure your work with headings and a contents page. Use signposting language to help your reader understand the flow of your writing. Charts, tables or images may help you communicate specific information. 

Top tip!  To signpost in your dissertation, use the ‘Signalling Transition’ section of the  Manchester Academic Phrasebank .

Download the Dissertation Project Checklist Worksheet to help with planning your dissertation work. 

• Dissertation Project Checklist Worksheet

The  Dissertation IT Kit  also contains information about formatting your dissertation document in Microsoft Word.

Past dissertations

Exploring past dissertations within your academic field can give you an idea as to how to structure your dissertation and find similar research methodologies. You can access dissertations and theses completed by students at Leeds Beckett and other universities. To find external dissertations, look at our FAQ answer ' Are there other dissertations I can look at?' . To find dissertations completed by Leeds Beckett students, use the FAQ answer ' Can I find copies of past dissertations in the Library? '

Sections of a dissertation

Not all dissertations will follow the same structure.  Your style can change depending on your school. Check your module handbook, assignment brief or speak with your course tutor for further guidance.

To decide what to include:

• Think about your project from an outsider’s perspective. What do they need to know and in what order? What is the most clear and logical way for you to present your research?  
• Discuss your project with your supervisor. Be open about ideas or concerns you have around the structure and content. 

Each section of a dissertation has a different purpose. Think about whether you're doing an empirical or theoretical dissertation and use the headings below to find out what you should be including.

You can also use the Leeds Beckett Dissertation Template to help you understand what your dissertation should look like. 

• Leeds Beckett Dissertation Template

Empirical (research-based)

• 1. Abstract
• 2. Contents Page
• 3. Introduction
• 4. Literature Review
• 5. Methodology
• 6. Findings / Results
• 7. Discussion
• 8. Conclusion
• 9. Reference List / Bibliography
• 10. Appendices

Abstract : provides a brief summary of your whole dissertation.

The abstract outlines the purpose of your research and your methodology (where necessary). You should summarise your main findings and conclusion.

Top tips! Give the reader a sense of why your project is interesting and valuable. Write in the past tense. Aim for about half a page.

Contents page : lists all the sections of your dissertation with the page numbers. Do this last by using the automatic function in Word.

Introduction: introduces the reader to your research project.

Provide context to the topic and define key terms. Ensure that the scope of your investigation is clear. Outline your aims and objectives, and provide a brief description of your research methods. Finally, give an indication of your conclusion/findings.

Top tips! Start broad (background information) and get more specific (your research aims and findings). Try writing the introduction after the literature review and methodology chapters. This way, you will have a better idea of your research aims.

Literature Review : positions your research in relation to what has come before it.

The literature review will summarise prior research on the topic, such as journal articles, books, government reports and data. You should introduce key themes, concepts, theories or methods that provide context for your own research. Analyse and evaluate the literature by drawing comparisons and highlighting strengths and weaknesses. Download the Critical Analysis Questions and Evidence Matrix Worksheets to help you with this process and for more information on literature searching see Finding Information .

• Critical Analysis Questions Worksheet
• Evidence Matrix Worksheet

The literature review should justify the need for your research and highlight areas for further investigation. Avoid introducing your own ideas at this point; instead, compare and comment on existing ideas.

Top tips! Your literature review is not a descriptive summary of various sources. You need to synthesise (bring together) and critically analyse prior research. Sophisticated use of reporting verbs is important for this process. Download our Reporting Verbs Worksheet to help you with this.

• Reporting Verbs Worksheet

Find out more about literature reviews elsewhere on this topic page.

Find out more about critical thinking.

Methodology : provides a succinct and accurate record of the methodology used and justifies your choice of methods.

In this section, you describe the qualitative and/or quantitative methods* used to carry out your research/experiment. You must justify your chosen research methodology and explain how it helps you answer your research question. Where appropriate, explain the rationale behind choices such as procedures, equipment, participants and sample size. You may need to reference specific guidelines that you have used, especially in subjects such as healthcare. If your research involves people, you may also need to demonstrate how it fulfils ethical guidelines.

Top tips! Your account should be sufficiently detailed so that someone else could replicate your research. Write in the passive voice. Remember, at this point you are not reporting any findings.

*Qualitative research is based on opinions and ideas, while quantitative research is based on numerical data.

Find out more about the research process.

Findings/Results : presents the data collected from your research in a suitable format.

Provide a summary of the results of your research/experiment. Consider the most effective methods for presenting your data, such as charts, graphs or tables. Present all your findings honestly. Do not change any data, even if it is not what you expected to find.

Top tips! Whilst you might acknowledge trends or themes in the data, at this stage, you won’t be analysing it closely. If you are conducting qualitative research, this section may be combined with the discussion section. Important additional documents, such as transcriptions or questionnaires, can be added to your appendices.

Discussion : addresses your research aims by analysing your findings.

In this chapter, you interpret and discuss your results and draw conclusions. Identify trends, themes or issues that arise from the findings and discuss their significance in detail. These themes can also provide the basis for the structure of this section. You can draw upon information and concepts from your literature review to help interpret your findings. For example, you can show how your findings build upon or contradict earlier research.

Top tips! Ensure that the points you make are backed up with evidence from your findings. Refer back to relevant information from your literature review to discuss and interpret your findings.

Conclusion : summarises your main points.

Provide an overview of your main findings and demonstrate how you have met your research objectives. Set your research into a wider context by showing how it contributes to current academic debates. Discuss the implications of your research and put forward any recommendations.

Top tips! Do not introduce any new information in this section. Your conclusion should mirror the content of your introduction but offer more conclusive answers.

Reference List / Bibliography : a complete list of all sources used.

List all the sources that you have consulted in the process of your research. Your Reference List or Bibliography must follow specific guidelines for your discipline (e.g. Harvard or OSCOLA). Look through your module handbook or speak to your supervisor for more information.

Find out more about referencing and academic integrity .

Appendix (single) or Appendices (plural):  presents raw data and/or transcripts that aren’t in the main body of your dissertation.

You may have to be selective in the data you present in your findings section. If this is the case, you may choose to present the raw data/extended version in an appendix. If you conduct qualitative research, such as interviews, you will include the transcripts in your appendix. Appendices are not usually included in the word count.

Top tips! Discuss with your supervisor whether you will need an appendix and what to include.

Theoretical (argument based)

• Contents page
• Introduction
• Literature Review
• Main body (divided into chapters)
• Reference list / Bibliography

Provides a brief summary of your whole dissertation.

The abstract outlines the purpose of your research and your methodology (where necessary). You should summarise your main findings and conclusion.

Top tip!  Give the reader a sense of why your project is interesting and valuable. Write in the past tense. Aim for about half a page.

Contents page : lists all the sections of your dissertation with the page numbers. Using the automatic table of contents feature in Microsoft Word can help you format this.

The  Dissertation IT kit provides guidance on how to use these tools. 

Introduces the reader to your research project.

Provide context to the topic and define key terms. Ensure that the scope of your investigation is clear. Outline your aims and objectives, and provide a brief description of your research methods. Introduce your argument and explain why your research topic is important. Finally, give an indication of your conclusion/findings.

Top tip!  Start broad (background information) and get more specific (your research aims and findings). Try writing the introduction after the literature review and methodology chapters. This way, you will have a better idea of your research aims.

Summarises prior research on the topic, such as journal articles, books, and other information sources. You should introduce key themes, concepts, theories or methods that provide context for your own research. You should also analyse and evaluate the literature by drawing comparisons and highlighting strengths and weaknesses. 

Many (although not all) theoretical dissertations will include a separate literature review. You may decide to include this as a separate chapter. Otherwise, you can integrate it into your introduction or first themed chapter.

Find out more about literature reviews on the  Literature Reviews  page.

Divide the main body of your research into chapters organised by chronology or themes. Each chapter should be like a mini-essay that helps you answer your research questions. Like an essay, each chapter should have an introduction, main body and conclusion. Develop your argument and demonstrate critical thinking by drawing on relevant sources. Compare and contrast ideas, and make suggestions or recommendations where relevant. Explain how each chapter helps answer your main research question.

Top tip! Divide each chapter into chunks and use subheadings where necessary to structure your work.

Find out more on the  Critical Thinking  pages. 

Top tip!  Do not introduce any new information in this section. Your conclusion should mirror the content of your introduction but offer more conclusive answers.

List all the sources that you have consulted in the process of your research. Your Reference List or Bibliography must follow specific guidelines for your discipline (Harvard, APA or OSCOLA). Look through your module handbook or speak to your supervisor for more information.

Find out more about  referencing and academic integrity .

Appendix (single) or Appendices (plural):  presents any data, such as images or tables, that aren’t in the main body of your dissertation.

You may have to be selective about the information you include in the main body of your dissertation. If this is the case, you may place data such as images or tables in the appendix. Appendices are not usually included in the word count.

Top tip!  Discuss with your supervisor whether you will need any appendices and what to include.

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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.

You may also like

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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Dissertation archive

Student dissertations held by the library.

Undergraduate dissertations

PPLS Library holds undergraduate Psychology dissertations submitted from 1947 to 2019. These are available on request from the librarian.  If you are unable to visit the library, the librarian can make a search on your behalf.  Since 2006 dissertations were submitted online to the Edinburgh Research Archive.  EASE login is required to see full-text.

Undergraduate dissertations are not publicly available until one academic year after their original submission.

Edinburgh Research Archive

Postgraduate theses and dissertations

Doctoral and MPhil  theses are held in the Centre for Research Collections in the University Library. Most can be found by searching  DiscoverEd and are now usually available online.

PPLS Masters dissertations were submitted electronically from 2006 onwards and are held online in the Edinburgh Reseseach Archive (ERA).  Psychology Masters dissertations from 1998 to 2004 are held in the PPLS library. They are available on request from the librarian.

Masters dissertations are not available publicly until one academic year after their original submission.

  Edinburgh Research Archive

Find theses on your subject

The library also subscribes to useful resources for accessing  dissertations and theses worldwide.

Information about finding theses

Essay and dissertation writing skills

Planning your essay

Writing your introduction

Structuring your essay

• Writing essays in science subjects
• Brief video guides to support essay planning and writing
• Writing extended essays and dissertations
• Planning your dissertation writing time

Structuring your dissertation

• Top tips for writing longer pieces of work

Advice on planning and writing essays and dissertations

University essays differ from school essays in that they are less concerned with what you know and more concerned with how you construct an argument to answer the question. This means that the starting point for writing a strong essay is to first unpick the question and to then use this to plan your essay before you start putting pen to paper (or finger to keyboard).

A really good starting point for you are these short, downloadable Tips for Successful Essay Writing and Answering the Question resources. Both resources will help you to plan your essay, as well as giving you guidance on how to distinguish between different sorts of essay questions. 

You may find it helpful to watch this seven-minute video on six tips for essay writing which outlines how to interpret essay questions, as well as giving advice on planning and structuring your writing:

Different disciplines will have different expectations for essay structure and you should always refer to your Faculty or Department student handbook or course Canvas site for more specific guidance.

However, broadly speaking, all essays share the following features:

Essays need an introduction to establish and focus the parameters of the discussion that will follow. You may find it helpful to divide the introduction into areas to demonstrate your breadth and engagement with the essay question. You might define specific terms in the introduction to show your engagement with the essay question; for example, ‘This is a large topic which has been variously discussed by many scientists and commentators. The principle tension is between the views of X and Y who define the main issues as…’ Breadth might be demonstrated by showing the range of viewpoints from which the essay question could be considered; for example, ‘A variety of factors including economic, social and political, influence A and B. This essay will focus on the social and economic aspects, with particular emphasis on…..’

Watch this two-minute video to learn more about how to plan and structure an introduction:

The main body of the essay should elaborate on the issues raised in the introduction and develop an argument(s) that answers the question. It should consist of a number of self-contained paragraphs each of which makes a specific point and provides some form of evidence to support the argument being made. Remember that a clear argument requires that each paragraph explicitly relates back to the essay question or the developing argument.

• Conclusion: An essay should end with a conclusion that reiterates the argument in light of the evidence you have provided; you shouldn’t use the conclusion to introduce new information.
• References: You need to include references to the materials you’ve used to write your essay. These might be in the form of footnotes, in-text citations, or a bibliography at the end. Different systems exist for citing references and different disciplines will use various approaches to citation. Ask your tutor which method(s) you should be using for your essay and also consult your Department or Faculty webpages for specific guidance in your discipline. 

Essay writing in science subjects

If you are writing an essay for a science subject you may need to consider additional areas, such as how to present data or diagrams. This five-minute video gives you some advice on how to approach your reading list, planning which information to include in your answer and how to write for your scientific audience – the video is available here:

A PDF providing further guidance on writing science essays for tutorials is available to download.

Short videos to support your essay writing skills

There are many other resources at Oxford that can help support your essay writing skills and if you are short on time, the Oxford Study Skills Centre has produced a number of short (2-minute) videos covering different aspects of essay writing, including:

• Approaching different types of essay questions  
• Structuring your essay  
• Writing an introduction  
• Making use of evidence in your essay writing  
• Writing your conclusion

Extended essays and dissertations

Longer pieces of writing like extended essays and dissertations may seem like quite a challenge from your regular essay writing. The important point is to start with a plan and to focus on what the question is asking. A PDF providing further guidance on planning Humanities and Social Science dissertations is available to download.

Planning your time effectively

Try not to leave the writing until close to your deadline, instead start as soon as you have some ideas to put down onto paper. Your early drafts may never end up in the final work, but the work of committing your ideas to paper helps to formulate not only your ideas, but the method of structuring your writing to read well and conclude firmly.

Although many students and tutors will say that the introduction is often written last, it is a good idea to begin to think about what will go into it early on. For example, the first draft of your introduction should set out your argument, the information you have, and your methods, and it should give a structure to the chapters and sections you will write. Your introduction will probably change as time goes on but it will stand as a guide to your entire extended essay or dissertation and it will help you to keep focused.

The structure of  extended essays or dissertations will vary depending on the question and discipline, but may include some or all of the following:

• The background information to - and context for - your research. This often takes the form of a literature review.
• Explanation of the focus of your work.
• Explanation of the value of this work to scholarship on the topic.
• List of the aims and objectives of the work and also the issues which will not be covered because they are outside its scope.

The main body of your extended essay or dissertation will probably include your methodology, the results of research, and your argument(s) based on your findings.

The conclusion is to summarise the value your research has added to the topic, and any further lines of research you would undertake given more time or resources. 

Tips on writing longer pieces of work

Approaching each chapter of a dissertation as a shorter essay can make the task of writing a dissertation seem less overwhelming. Each chapter will have an introduction, a main body where the argument is developed and substantiated with evidence, and a conclusion to tie things together. Unlike in a regular essay, chapter conclusions may also introduce the chapter that will follow, indicating how the chapters are connected to one another and how the argument will develop through your dissertation.

For further guidance, watch this two-minute video on writing longer pieces of work . 

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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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