1. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk Go further Title needs degree sign (°) added from the “Insert/Symbol” menu. This needs to be added at 28pt compared to the 24pt title. Presentation title: Independent Outdoor Mock Trial Ian Slater Partner, DWF LLP 17 th November 2014

2. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk In order to make the day as ‘real’ as possible we have chosen to use an actual case as the template for this ‘mock’ trial Please bear in mind that none of these events that you are going to hear about are pleasant. A young man was irreversibly injured and will now spend the rest of his life in a wheelchair as a result of his actions. This was a case which I dealt with on instruction from Dave Harrison who is the Head of RSA’s Major Injury Unit. The case is now closed. The basic content has not been altered although, out of necessity, we have been required to limit various issues in order to try to make the day run as smoothly as possible Although the identities have all been changed I would ask you to bear in mind that there are individuals behind the façade which we have created and, accordingly, treat the evidence which you hear sensitively Introduction #1 2

3. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk Introduction #2 Please ignore any potential claims against other parties: for today’s purposes we are focusing on any potential liability attaching to the Acme Academy You may need to allow us a degree of dramatic licence. You have all had access to (and hopefully have had the chance to read in advance of today) –Particulars of Claim –Defence 3

4. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk As an overview of the day’s events we will do our best to stick to this running order There is a lot to get through and it is difficult to plan witness evidence down to the last second so please bear with us and we will do our best to make things run as smoothly as possible You will have the opportunity to discuss the progress of the case and ask factual questions during the course of the day although I would prefer that the majority of the more detailed questions be left until 3.15 pm if possible TimeSpeakerContent 10:45Ian SlaterOverview and explanation 11:00Overview and explanation + First Vote 11:15VariousOpening Submissions 11:30Opening Submissions + Distribution of Witness Statements 11:45BREAKCoffee 12:00VariousWitness Evidence 12:15Witness Evidence 12:30Witness Evidence 12:45Second Vote 13:00BREAKLunch 13:15Lunch 13:30Lunch 13:45John AllenIO Annual report 14:00VariousClosing Statements 14:15Closing Statements and Third Vote 14:30James Rowley QCJudgment 14:45Steffan GrochRegulatory Implications 15:00Regulatory Implications 15:15ALLQ & A / Focus Group 15:30Q & A / Focus Group Running Order 4

5. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk Title needs degree sign (°) added from the “Insert/Symbol” menu. This needs to be added at 28pt compared to the 24pt title. Facts

6. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk Name: Sam Thompson DOB: 16 th August 1990 Accident occurred on 7 th July 2007 when the Claimant was on an organised school trip to the Lake District Claimant aged 16 years 11 months as at the date of the accident The Claimant 6

7. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk The purpose of the school trip was to compete in the UK school’s handball championship which was being held in the Lake District. Please therefore imagine: –A sports event attended by a number of different schools; –A sports event organised by one main governing body The accident occurred on the 3 rd evening of the event at a BBQ organised by one of the other schools The 1 st evening had been a welcome event and the 2 nd evening had also been a BBQ at the same venue The Accident 7

8. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk The BBQ took place next to a river It is a local swimming river The teacher in charge had updated his pre-event risk assessment of the venue on the 1 st night and typed it up on his laptop that very same night The Venue 8

9. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk Trevor Long was the teacher in charge of the trip –He is an experienced teacher who had organised many previous trips In addition to Trevor there were 2 more teachers and 1 teaching assistant Frank Little was the teaching assistant –He is a 25 year old TA who had previously represented GB at handball There were 28 pupils on the trip all aged between 16 & 17 Group Structure 9

10. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk Trevor had undertaken a first risk assessment prior to the group departing for the Lake District Trevor prepared a second [updated] risk assessment on the evening of 6 th July (after the group had arrived) Risk Assessments 10

11. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk The group decided to split into two with 11 pupils wanting to go to the BBQ being organised by the ‘rival’ school Frank Little volunteered to accompany them At @ 20:00 after the group had been at the venue for 15 – 20 mins Sam Thompson stripped off to his swimming shorts From a distance of about 30 metres or so Little saw him strip off and states: “… it looked to me like he was intending to go for a paddle or a swim…” Thompson then ran towards the river bank and ‘racing’ dived in He walked out of the water and repeated the trick: by this point a crowd was gathering and they created a ‘run-way’ for him to launch himself down On the third occasion Thompson was injured Evening - 7 th July 2007 11

12. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk Title needs degree sign (°) added from the “Insert/Symbol” menu. This needs to be added at 28pt compared to the 24pt title. Voting

13. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk We will have 3 votes during the course of the day: –The first will take place immediately after I have finished; –The Second will be following the opening speeches by counsel for both parties; –The third will be immediately before the judgment which will be delivered by our judge for the day, James Rowley QC Voting #1 13

14. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk There will be one vote per table We will give you exactly 5 minutes prior to each vote to debate amongst yourselves how you intend to vote There are two issues for you to consider on each vote –Firstly, is the Acme Academy liable for Sam Thompson’s injuries? Only if you answer ‘Yes’ –Secondly (expressed as a percentage) to what extent is the Acme Academy liable for Sam Thompson’s injuries? Voting #2 14

15. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk Title needs degree sign (°) added from the “Insert/Symbol” menu. This needs to be added at 28pt compared to the 24pt title. Over to You

16. Private & Confidential. Not for distribution. ©DWF LLP 2014 www.dwf.co.uk Your 5 minutes starts now Please take time to introduce yourself to your colleagues if you haven’t done so already Could I ask that one person per table takes responsibility for writing down your answer Just by way of reminder: answer –‘Yes’ or ‘No’ to liability on the part of the school –Only if you answer ‘Yes’ should you give me a % identifying the school’s level of responsibility Vote No. 1 16

17. DWF is the legal business where expertise, industry knowledge and leading edge technology converge to deliver solutions that enable our clients to excel. Embracing our diverse skills, we gain a unique and more valuable legal perspective that can empower our clients, giving them a competitive advantage or simply delivering new solutions to old problems. With over 2,500 people across the UK and Ireland, we make sure that wherever you are, wherever you aim to be, we will go further to help you get there. www.dwf.co.uk Go further ° ©DWF LLP 2014 DWF LLP is a limited partnership registered in England and Wales with registered number OC328794. The content of the Regulatory and Licensing Insert does not constitute legal advice and should not be relied on as such. Specific advice should be sought about your specific circumstances.