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Advocacy Revision notes detailing the main rules that you need to know to prepare for your advocacy exam. These notes also contain and example script and give you costs options. I have also included an example Chronology with brief n...
ADVOCACY RULES Assessment Tip:
If you disagree with your opponent’s submissions, take a note of what
Advocacy Exam: they have said and then respond to the argument when it is your turn to
* The tutor will play the Master/Judge do so i.e. during your own submissions to the Master/District Judge. Be
* Competent/Not competent with a pass mark of 50% aware of your body language. Do not fold your arms. Do not fiddle with
* Your notes should be 1 page only and should only be your hair, watch, pen, etc.
bulletpoints. If you have a prepared script in front of you, you
will fail automatically. COSTS:
You have 15 mins for your submissions – aim to spend: You must, at some point, explain to the Master/District Judge:
4 mins – Applicant’s opening submission (a) The basis upon which they are entitled to give costs (i.e. by
4 mins – Respondent’s submissions reference to CPR Part 44)
2 mins – Applicant’s replies (b) The costs order which you submit is the most appropriate in this
2 mins – Respondent’s replies case
1.5 mins – Applicant’s costs AND
1.5 mins – Respondent’s costs (c) Why that is the case, given the judgment which has been given
and the Master’s/District Judge’s reasoning.
CONDUCT RULES:
EXAMPLE SCRIPT 1 – EXTENSION OF TIME
Your principal PCR concern is that you must not mislead the court.
A contested application for an extension of time in a civil court action.
You might mislead the court if you do ANY of the following: The Applicant (the defendant) applies for an extension of time to file
* You submit inaccurate information to the court and serve a defence and the Respondent (the claimant) opposes the
* make any allegation of crime, misconduct or fraud unless it is application.
material to your client’s case and you have reasonable grounds
for doing so. CPR 15.5 Parties may agree on an extension of time for up to 28 days.
* You tamper with evidence Where the parties do not agree to this or either parties need more than
* If you become aware that you have inadvertently misled the 28 days, that party must apply to the court for an extension of time.
court, and you do not with your client’s consent immediately
inform the court, (or if the client does not consent), you do not This is the most popular exam question in advocacy.
stop acting for that client.
Should not say “real prospect of success” or “strong complex defence”).
STRUCTURE CRITERIA (50%): Don’t be drawn into the merits of the claim in applying for extension of
time (merits only apply for summary judgment)
Applicant’s introduction and Respondent’s response:
Merits is not applicable unless you go further and add some further
Assessment Tip: detail – eg. D has a real prospect of success and under CPR 1 it is just to
Remember that an applicant might be a Defendant or a Claimant, it give him this small amount of extra time so that they can finalise the
depends upon the application being made – check which one to use defence.
when you prepare your speech for the case.
YOUR NOTES:
You should therefore use:
* ‘Applicant’ and ‘Respondent’ Bulletpoints:
OR * Include CPR 15.4
* ‘Defendant’ and ‘Claimant’ Defendants must serve its Defence:
− If the Defendant DOES NOT file an Acknowledgment of
The Master/District Judge might request you to use the naming which Service: 14 days after the Particulars of Claim; OR
they prefer i.e. Applicant and Respondent or Defendant and Claimant. If − If the Defendant DOES file an Acknowledgment of
the Master/District Judge states their preference, stick to it! Service: 28 days after service of the Particulars of Claim.
Applicant’s introduction and opening submissions (4 minutes): * First submission:
D has a good reason for the extension. Experts need to be
Opening submissions: instructed to prepare an expert report on the quality of the
Your opening submissions should be prepared in advance. If you are buttons.
acting for the Respondent then you should take detailed notes of the
applicant’s submissions. This will be vital for when you formulate your * Second submission:
replies (not your opening submission). D has complied with the CPR because the AoS was filed on time
- CPR 10.3. Extension of time was requested without delay.
Response to the Master’s/District Judge’s interruptions:
* Third submission:
Effective advocates have all of the relevant facts and submissions ‘at Reason for the delay is the large button order and having to find
their fingertips’ and are able to answer such questions correctly and a replacement with not enough time left. The expert was
succinctly – even if it requires them to re-order or re-formulate some of instructed once Ms Frizz returned.
their later submissions.
* Fourth submission:
Assessment Tip: Overriding objective – CPR 1.1
Make sure that you are prepared for any eventuality and that you know D is asking for an extension to finalise the defence.
all of the relevant facts and the relevant law/procedure that you are
relying on. In your assessment, the assessing tutor will stop the clock
when he/she asks you a question and will not re-start it until you have INTRODUCTION: *1 MIN*
completed your answer.
Good morning, Master, I am David Anderson, representing the
General: Defendant, Studio 21 Limited. My friend James Bale appears for the
Claimant, Mia Ltd.
If you do not have instructions on a particular point, say so. Do not make
up instructions. This would be a breach of professional conduct. Master, this is an application for an extension of time to file and serve a
defence under CPR 3.1(2)(a). Master, do you have a copy of the
PERFORMANCE CRITERIA (50%): application Notice and the Chronology?
FACTS OF THE CASE:
Language and manner must be formal: Perhaps, Master, I could take you through the background of the case:
* The Claimant, a company that supplies high quality
Manner: haberdashery, is seeking payment of £25,000 plus VAT under a
* In the High Court you should address the Master as “Master” contract entered into with the Defendant on 17 Dec 2021.
(whether male or female).
* In the County Court you should address the District Judge as “Sir” * The Defendant is withholding the payment of £30,000 on the
or “Madam”. basis that they did receive the goods, however, when the goods
* Address your opponent as “my friend” or “Mr Smith” (as were delivered on 7 January 2022, the quality of the goods was
opposed to “John Smith” or “John”). inferior to the quality of the samples the Claimant has provided.
Advocacy – Revision notes with Scripts | Page 1 of 6
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