Workshop 1- What is mooting? 28 SEPTEMBER 2016 KINDLY SPONSORED BY SIMMONS & SIMMONS.

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Presentation transcript:

Workshop 1- What is mooting? 28 SEPTEMBER 2016 KINDLY SPONSORED BY SIMMONS & SIMMONS

Dates for the Diary Workshop 2 – Wednesday 5 th October in Newman Green at 1:30pm– Legal Research Workshop 3 – w/c 10 th October – Structure/Judicial Intervention Workshop 4 – w/c 17 th October – Etiquette Workshop 5 – w/c 24 th October – Practice with a representative from Simmons & Simmons Devon Chambers round 1- w/c 24 th October Bristol Varsity- 12 th November

What is a moot? JUDGE(S) Clerk and Time Keeper JR LR JA LA Spectators

What is a moot? Criteria you will be assessed on (this may change depending on the rules of the different competitions): Knowledge of the law  Legal research, authorities, citations Response to Judicial Intervention  Answering the question immediately, remaining clam Etiquette  Addressing the court/ opposing counsel Overall style/presentation  Tone, volume, stance, speed We will be holding feedback sessions at the end of every round of Devon Chambers

Procedure and Moot Rules  Who speaks when?  How do I start?  Submissions  Citations and Authorities  Skeleton Argument  Overall Presentation

Who speaks when? Example: Boughtmore v Amazing.co.uk Andrew Boughtmore now appeals to the Court of Appeal on the following grounds: 1. A contract was formed at the moment when Andrew Boughtmore received his automated confirmatory During Amazing.co.uk’s “Super Saver Sale”, it was not unreasonable for Andrew Boughtmore to assume that the advertised price of £109 was genuine, and that there was, in fact, an intention to create legal relations. First ground of appeal: Lead Second ground of appeal: Junior

Who speaks when? The order of the submissions given depends on the rules of the specific competition Example: Standard Appeal Lead Appellant (LA) will speak first Lead Respondent (LR) will then respond to the LA Junior Appellant (JA) will then continue the case for the appellants Junior Respondent (JR) will then respond to the JA LA; LR; JA; JR First ground of appeal Second ground of appeal

Who speaks when? Example: Cross- Appeals The JR brings a separate ground of appeal on behalf of the respondents. The order changes: LA; LR; JR; JA Top tip: Always check whether the moot is a standard appeal or a cross appeal!

How do I start? Example: “If it pleases your Lordship/Ladyship, my name is ……….. and I will be appearing for the (appellants/ respondents) dealing with the (first/second) ground of appeal.” Typically the LA introduces the counsel for both the appellants and the respondents. Top tip: if the judge says your name first, you do not need to formally introduce yourself Briefly outline your submissions so the court has an indication of what you are going to argue.

Submissions Submission = your argument Your submission can be broken down into: Point Evidence (law) Explanation Before moving onto your next submission/ end your moot, it is recommended to summarise briefly your submission: “Would your Lordship/Ladyship benefit from a brief summary of my submission?” “Unless your Lordship/Ladyship has any further questions I shall move onto my next submission…” Top Tip: Always link your legal argument back to the facts of the case

Citations and Authorities The number of authorities you are allowed to use in your moot will depend on the rules of the specific competition. What counts as an authority? Cases Statutes Academic commentary and Law Commission reports etc. do not count as a citation Citations: ◦E.g. All England Law Reports (All ER)/ The Weekly Law Reports (WLR)

Skeleton Arguments A summary of the main points (submissions) of your moot It contains your authorities/ citations Some competitions require you to exchange your skeleton argument with the opposing counsel. Some competitions require a bundle, which should contain: Your skeleton argument A full print out of each citation e.g. full case report

Brief summary of the facts of the case Authorities and citations that will be used for your first submission What your client wishes to recover e.g. damages Brief summary of your first submission

Overall Presentation For each moot you will be given an overall time limit. Dress code is formal business attire. Style: Be confident Be clear in your delivery Stance Try to make eye contact with the judge Speed- talk at a pace that feels fractionally too slow Tone- don’t speak in a monotone!! Volume- make sure you can be heard! Top tip: Know your submissions inside out! Don’t read from a script.

Mooting Opportunities Devon Chambers w/c 24 th October Sign ups will be taken at the workshops Online sign ups ◦Bristol Varsity ◦12 th November ◦Two people from each year group ◦National and International competitions- check your and check out our Facebook page for updates

Contact Details Facebook: BLS Mooting LinkedIn: BLS Mooting Amy Carter: Ellie-Mae Toole: