Table of Contents
GENERAL ASSESSMENT INFORMATION:......................................................1
OUTLINE STRUCTURE FOR ADVOCACY:.......................................................2
TIPS:........................................................................................................ 4
FORMALITIES:........................................................................................... 5
STRUCTURE:............................................................................................. 6
INTRODUCTION:................................................................................................................6
IDENTIFYING THE APPLICABLE TEST:......................................................................................6
SETTING OUT THE RELEVANT FACTUAL BACKGROUND:..............................................................7
CONCLUDING:..................................................................................................................7
WHAT TO DO WHEN ASKED A QUESTION:....................................................8
EXAMPLES – DISPUTE RESOLUTION:...........................................................8
APPLICATION TO SET ASIDE DEFAULT JUDGEMENT:...................................................................8
INTERIM PAYMENT:............................................................................................................9
SUMMARY JUDGMENT.......................................................................................................11
INTERIM INJUNCTIONS......................................................................................................12
TRACK ALLOCATION AND CASE MANAGEMENT DIRECTIONS......................................................13
RELIEF FROM SANCTIONS.................................................................................................17
SPECIFIC DISCLOSURE......................................................................................................18
SECURITY FOR COSTS......................................................................................................20
APPLICATION TO STRIKE OUT A STATEMENT OF CASE:.............................................................21
EXAMPLES – CRIMINAL LAW AND PRACTICE:..............................................22
BAIL:...........................................................................................................................22
PLEA BEFORE VENUE:......................................................................................................25
EXCLUSION OF EVIDENCE INCLUDING CONFESSIONS, BAD CHARACTER AND IMPROPERLY OBTAINED
EVIDENCE......................................................................................................................26
SUBMISSION OF NO CASE TO ANSWER:................................................................................33
PLEA IN MITIGATION........................................................................................................34
NEWTON HEARINGS.........................................................................................................35
ALLOCATION:.................................................................................................................35
APPEALS:......................................................................................................................37
WITNESS SUMMONS:.......................................................................................................37
APPLICATIONS FOR ARREST WARRANTS...............................................................................38
SPECIAL MEASURES APPLICATIONS......................................................................................38
APPLICATIONS FOR THE TRIAL TO PROCEED IN ABSENCE OF THE DEFENDANT..............................39
YOUTH COURT MATTERS OF JURISDICTION - SUBMISSIONS ON ‘GRAVE CRIMES’...........................41
YOUTH COURT MATTERS OF JURISDICTION - SUBMISSIONS ON THE ‘INTERESTS OF JUSTICE’ WHEN AN
ADULT AND YOUTH ARE JOINTLY CHARGED...........................................................................42
EXAMPLES IN FULL -> SETTING ASIDE JUDGEMENT IN DEFAULT..................43
EXAMPLES IN FULL – INTERIM PAYMENT:..................................................46
EXAMPLES IN FULL – BAIL APPLICATION:...................................................49
TESTS TO KNOW:....................................................................................50
General assessment information:
Type of Oral
assessment
, Task Conduct advocacy before judge
What will Given a case study on which you will conduct a piece of courtroom advocacy. An email will ask you
you be to conduct the advocacy and tell you in which court you will be appearing. Where relevant, will
given? also be given a file of documents. May be asked questions during the advocacy too.
Timing 45 minutes to prepare
15 minutes to make submission to a judge who is present in the room.
Assessment The judge will be played by a solicitor of E&W who will assess the candidate both on skills and
criteria application of law
Skills
1. Use appropriate language and behaviour
2. Adopt a clear and logical structure
3. Present a persuasive argument
4. Interacts with/engages the court appropriately
5. Include all key relevant facts
Application of law:
6. Apply the law correctly to the client’s situation.
7. Apply the law comprehensively to the client’s situation, identifying any ethical and
professional conduct issues and exercising judgment to resolve them honestly and with
integrity.
Subjects Dispute Resolution (Day 1)
Criminal litigation (Day 2)
Assessment This is an in-person assessment
practicalities Candidates will spend 45 minutes in preparation before moving to a performance room for 15
minutes
A clock will be provided in the preparation room and performance room
A hard copy of the assessment paper will be provided
Candidates will be provided with pen, paper, calculator and a highlighter
Advocacy will be performed before an assessor who role plays the Judge
The assessor marks both skills and knowledge criteria
The dress code for the assessment is business dress
Candidates must stand for the criminal advocacy performance
Date of
assessment
Outline structure for advocacy:
Suggested Example expressions and signposts: Tips:
structure:
Introduce the “I appear on behalf of the Applicant, who is If you are the applicant, there is no need
parties. the Claimant in the substantive to give your name; the court system will
proceedings. Mr/Ms X appears on behalf of have that already. You only need to
the Respondent, the Defendant in the introduce your opponent.
substantive proceedings.” Don’t use first names.
Remember that if the application is you
opposing then the other side will already
have gone first – so no need to re-
introduce, can just go into submissions after
asking the judge if elaboration on any of the
facts or procedural history is required e.g.
“Good afternoon Judge, I'm grateful to my
learnt friend for setting out to the
prosecution's position in this bail
, application and for setting out the factual
background. I don't really have anything to
add to the facts unless I can assist you
further with any particular detail…Very well.
I'll move directly on to submissions.”
Introduce the “This is the Claimant’s application for
application summary judgment pursuant to Civil
including which Procedure Rule 24.2 in relation to the
party is making it. Claimant’s claim of negligence against the
Defendant.”
Check whether the “Has the court received the Particulars of
court has any Claim and Defence?”
relevant paperwork
which may be
relied on during
the application.
Ask if the court “Would the court be assisted by a summary Limit the facts to what the court will
would like a of the facts?” need to know to decide the application.
summary of the Provide the facts in a clear and neutral
facts. If it does, manner.
explain the factual If you are the Respondent, the parties,
background to the the application and the facts will already
case with reference have been introduced by the Applicant,
to material facts so you do not need to repeat this. You
only. may wish to acknowledge this (to
demonstrate you understand that as you
are speaking second this has already
been done) and should still set out the
Respondent’s position; e.g. “I am
grateful to the Applicant for making
introductions and setting out the
background to this application. The
Respondent opposes the application…”
If relevant, set out As an example, the procedural history
the procedural may be relevant where an application is
history concisely. based on delay by the other party.
If the procedural history is not relevant,
it might be worth telling the court that
you do not intend to rehearse it for that
reason.
Set out the legal “Moving now to the test for the application. The order in which you set out the issues
test, rule or The test for summary judgment is set out in and legal test can be interchanged.
guidelines to be CPR 24.2:
applied by the The court may give summary judgment
court in deciding against a defendant on the whole of a claim
the application. or on a particular issue if:
1. It considers that –
a. that defendant has no real
prospect of successfully
defending the claim or
issue; and
b. There is no other
compelling reason why the
case or issue should be
disposed of at trial.”
, Make submissions “I am going to make my submissions A number of legal tests require a sequential
on each of the according to the limbs of the test in CPR analysis of the various steps of the test. The
relevant limbs of 24.2 in turn.” steps of the test are commonly called the
the test / rule / ‘limbs’ of the test.
guidance in turn.
For each limb of “Turning now to the first limb of the test: Signpost to each limb.
the test: whether the defendant has no real prospect In general terms, you should make your
State your of successfully defending the claim or issue. position clear and THEN provide
position / reasoning in support of your position.
argument. I have four submissions. You will repeat this pattern throughout
THEN your advocacy. This will be easier for the
Justify your My first submission is that the defendant judge to digest and follow, rather than
position clearly had a duty of care to the Claimant. waiting until the end for your conclusion.
with This is not in issue and is a well-established When you move to each limb of the
evidence / principle. test, tell the judge how many
common submissions you have on that limb.
sense / My second submission is that there is Then ensure you come to each
authority cogent evidence that the defendant has submission in turn, signposting as you
wherever breached their duty of care to the Claimant. proceed.
you have There are two points in support: When you move to a particular
those in Firstly….. submission, tell the judge how many
support. Secondly…. points you have to justify a particular
State your submission. Then ensure you cover those
conclusion. My third submission is that …. submissions / points, with appropriate
signposting.
My fourth submission is that….etc
Therefore, to conclude on this limb of the
test,it can be seen that….
I am now moving to the second limb of the
test, whether there is any other compelling
reason why the case should be disposed of
at trial.
I have two submissions…etc”
Briefly conclude “[Briefly summarise your case, whilst taking
your application. care not to overly repeat what you have
already said]….subject to any questions the
Court may have, that concludes my
submissions.”
Tips:
Know how to approach the 45 minute time
Don’t want to write a whole script - and memorise it - don’t have time for this and not useful either
Want to have a well structured set of notes by the end of the 45 minutes
Judge might ask you questions - "can you please help me with the law on this matter" - "yes of course…." - "if
I may now resume by submissions"
Get into the routine of pausing, letting the points land - "I have 3 submissions, my 1st submission is…
[pause], my 2nd point is…" - let the judge have time to take in what you're saying
"thank you very much for the question, if you don’t mind if I can just take a moment to check my notes…"
GENERAL ASSESSMENT INFORMATION:......................................................1
OUTLINE STRUCTURE FOR ADVOCACY:.......................................................2
TIPS:........................................................................................................ 4
FORMALITIES:........................................................................................... 5
STRUCTURE:............................................................................................. 6
INTRODUCTION:................................................................................................................6
IDENTIFYING THE APPLICABLE TEST:......................................................................................6
SETTING OUT THE RELEVANT FACTUAL BACKGROUND:..............................................................7
CONCLUDING:..................................................................................................................7
WHAT TO DO WHEN ASKED A QUESTION:....................................................8
EXAMPLES – DISPUTE RESOLUTION:...........................................................8
APPLICATION TO SET ASIDE DEFAULT JUDGEMENT:...................................................................8
INTERIM PAYMENT:............................................................................................................9
SUMMARY JUDGMENT.......................................................................................................11
INTERIM INJUNCTIONS......................................................................................................12
TRACK ALLOCATION AND CASE MANAGEMENT DIRECTIONS......................................................13
RELIEF FROM SANCTIONS.................................................................................................17
SPECIFIC DISCLOSURE......................................................................................................18
SECURITY FOR COSTS......................................................................................................20
APPLICATION TO STRIKE OUT A STATEMENT OF CASE:.............................................................21
EXAMPLES – CRIMINAL LAW AND PRACTICE:..............................................22
BAIL:...........................................................................................................................22
PLEA BEFORE VENUE:......................................................................................................25
EXCLUSION OF EVIDENCE INCLUDING CONFESSIONS, BAD CHARACTER AND IMPROPERLY OBTAINED
EVIDENCE......................................................................................................................26
SUBMISSION OF NO CASE TO ANSWER:................................................................................33
PLEA IN MITIGATION........................................................................................................34
NEWTON HEARINGS.........................................................................................................35
ALLOCATION:.................................................................................................................35
APPEALS:......................................................................................................................37
WITNESS SUMMONS:.......................................................................................................37
APPLICATIONS FOR ARREST WARRANTS...............................................................................38
SPECIAL MEASURES APPLICATIONS......................................................................................38
APPLICATIONS FOR THE TRIAL TO PROCEED IN ABSENCE OF THE DEFENDANT..............................39
YOUTH COURT MATTERS OF JURISDICTION - SUBMISSIONS ON ‘GRAVE CRIMES’...........................41
YOUTH COURT MATTERS OF JURISDICTION - SUBMISSIONS ON THE ‘INTERESTS OF JUSTICE’ WHEN AN
ADULT AND YOUTH ARE JOINTLY CHARGED...........................................................................42
EXAMPLES IN FULL -> SETTING ASIDE JUDGEMENT IN DEFAULT..................43
EXAMPLES IN FULL – INTERIM PAYMENT:..................................................46
EXAMPLES IN FULL – BAIL APPLICATION:...................................................49
TESTS TO KNOW:....................................................................................50
General assessment information:
Type of Oral
assessment
, Task Conduct advocacy before judge
What will Given a case study on which you will conduct a piece of courtroom advocacy. An email will ask you
you be to conduct the advocacy and tell you in which court you will be appearing. Where relevant, will
given? also be given a file of documents. May be asked questions during the advocacy too.
Timing 45 minutes to prepare
15 minutes to make submission to a judge who is present in the room.
Assessment The judge will be played by a solicitor of E&W who will assess the candidate both on skills and
criteria application of law
Skills
1. Use appropriate language and behaviour
2. Adopt a clear and logical structure
3. Present a persuasive argument
4. Interacts with/engages the court appropriately
5. Include all key relevant facts
Application of law:
6. Apply the law correctly to the client’s situation.
7. Apply the law comprehensively to the client’s situation, identifying any ethical and
professional conduct issues and exercising judgment to resolve them honestly and with
integrity.
Subjects Dispute Resolution (Day 1)
Criminal litigation (Day 2)
Assessment This is an in-person assessment
practicalities Candidates will spend 45 minutes in preparation before moving to a performance room for 15
minutes
A clock will be provided in the preparation room and performance room
A hard copy of the assessment paper will be provided
Candidates will be provided with pen, paper, calculator and a highlighter
Advocacy will be performed before an assessor who role plays the Judge
The assessor marks both skills and knowledge criteria
The dress code for the assessment is business dress
Candidates must stand for the criminal advocacy performance
Date of
assessment
Outline structure for advocacy:
Suggested Example expressions and signposts: Tips:
structure:
Introduce the “I appear on behalf of the Applicant, who is If you are the applicant, there is no need
parties. the Claimant in the substantive to give your name; the court system will
proceedings. Mr/Ms X appears on behalf of have that already. You only need to
the Respondent, the Defendant in the introduce your opponent.
substantive proceedings.” Don’t use first names.
Remember that if the application is you
opposing then the other side will already
have gone first – so no need to re-
introduce, can just go into submissions after
asking the judge if elaboration on any of the
facts or procedural history is required e.g.
“Good afternoon Judge, I'm grateful to my
learnt friend for setting out to the
prosecution's position in this bail
, application and for setting out the factual
background. I don't really have anything to
add to the facts unless I can assist you
further with any particular detail…Very well.
I'll move directly on to submissions.”
Introduce the “This is the Claimant’s application for
application summary judgment pursuant to Civil
including which Procedure Rule 24.2 in relation to the
party is making it. Claimant’s claim of negligence against the
Defendant.”
Check whether the “Has the court received the Particulars of
court has any Claim and Defence?”
relevant paperwork
which may be
relied on during
the application.
Ask if the court “Would the court be assisted by a summary Limit the facts to what the court will
would like a of the facts?” need to know to decide the application.
summary of the Provide the facts in a clear and neutral
facts. If it does, manner.
explain the factual If you are the Respondent, the parties,
background to the the application and the facts will already
case with reference have been introduced by the Applicant,
to material facts so you do not need to repeat this. You
only. may wish to acknowledge this (to
demonstrate you understand that as you
are speaking second this has already
been done) and should still set out the
Respondent’s position; e.g. “I am
grateful to the Applicant for making
introductions and setting out the
background to this application. The
Respondent opposes the application…”
If relevant, set out As an example, the procedural history
the procedural may be relevant where an application is
history concisely. based on delay by the other party.
If the procedural history is not relevant,
it might be worth telling the court that
you do not intend to rehearse it for that
reason.
Set out the legal “Moving now to the test for the application. The order in which you set out the issues
test, rule or The test for summary judgment is set out in and legal test can be interchanged.
guidelines to be CPR 24.2:
applied by the The court may give summary judgment
court in deciding against a defendant on the whole of a claim
the application. or on a particular issue if:
1. It considers that –
a. that defendant has no real
prospect of successfully
defending the claim or
issue; and
b. There is no other
compelling reason why the
case or issue should be
disposed of at trial.”
, Make submissions “I am going to make my submissions A number of legal tests require a sequential
on each of the according to the limbs of the test in CPR analysis of the various steps of the test. The
relevant limbs of 24.2 in turn.” steps of the test are commonly called the
the test / rule / ‘limbs’ of the test.
guidance in turn.
For each limb of “Turning now to the first limb of the test: Signpost to each limb.
the test: whether the defendant has no real prospect In general terms, you should make your
State your of successfully defending the claim or issue. position clear and THEN provide
position / reasoning in support of your position.
argument. I have four submissions. You will repeat this pattern throughout
THEN your advocacy. This will be easier for the
Justify your My first submission is that the defendant judge to digest and follow, rather than
position clearly had a duty of care to the Claimant. waiting until the end for your conclusion.
with This is not in issue and is a well-established When you move to each limb of the
evidence / principle. test, tell the judge how many
common submissions you have on that limb.
sense / My second submission is that there is Then ensure you come to each
authority cogent evidence that the defendant has submission in turn, signposting as you
wherever breached their duty of care to the Claimant. proceed.
you have There are two points in support: When you move to a particular
those in Firstly….. submission, tell the judge how many
support. Secondly…. points you have to justify a particular
State your submission. Then ensure you cover those
conclusion. My third submission is that …. submissions / points, with appropriate
signposting.
My fourth submission is that….etc
Therefore, to conclude on this limb of the
test,it can be seen that….
I am now moving to the second limb of the
test, whether there is any other compelling
reason why the case should be disposed of
at trial.
I have two submissions…etc”
Briefly conclude “[Briefly summarise your case, whilst taking
your application. care not to overly repeat what you have
already said]….subject to any questions the
Court may have, that concludes my
submissions.”
Tips:
Know how to approach the 45 minute time
Don’t want to write a whole script - and memorise it - don’t have time for this and not useful either
Want to have a well structured set of notes by the end of the 45 minutes
Judge might ask you questions - "can you please help me with the law on this matter" - "yes of course…." - "if
I may now resume by submissions"
Get into the routine of pausing, letting the points land - "I have 3 submissions, my 1st submission is…
[pause], my 2nd point is…" - let the judge have time to take in what you're saying
"thank you very much for the question, if you don’t mind if I can just take a moment to check my notes…"
