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LPC Law Notes Civil Litigation Notes

Defendant Submissions For Advocacy Notes

Updated Defendant Submissions For Advocacy Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...

The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

I am representing the Defendant in International Hotels Limited v EllaLake case and I am responding to a summary judgment application (So I am Ella Lake The Respondent)

Stage of address Coverage

Concisely identify the legal issues that the court is to decide (by reference to the applicant’s submissions) (r.24.2 CPR)

(Section 8.4 Advocacy Guide)

I would like to thank my friend for introducing me. Master, the Defendantsubmits there are two issues for you to decide today :

First, whether or not the Defendant can show a defence with a real prospect of success at trial. The defence is based on the fact that the Claimant breached its Contract with the Defendant.

Second, the Defendant submits that there are compelling reasons for the matter to proceed to trial, namely that this case is too technical to be disposed of in a summary way.

Master, the burden falls on the claimant to show that the Defendant is unable of successfully defending the claim. Master, it is my submission that my friend Mr/Mss___ has not even come close to discharging that burden. It is also my submission that the Defendant has indeed very good prospects of defending the claim.

Master, this morning I will be referring to the same documents as my friend.

Concisely identify the factual issues that the court is to decide in this case (by reference to the applicant’s submissions)

(Section 8.4 Advocacy Guide)

Master, This is a simple breach of contract claim.

Master, could I please take you first to clause 6 of the contract dated 8 June 2013 (It is at page __ of the bundle):

Master,C breached clause 6 of the contract when C nationally promoted the concert without consent of the Defendant.

Master, this gave rise to clause 7 of the contract which allows D to cancel the performance upon breach of clause 6 by C and to retain the money.

By reference to the documents identify relevant facts and law (substantive law relevant to the dispute)

(Section 8.5 Advocacy Guide)

[respondent’s submissions highlighted in yellow

USE THE POINTS TO NOTE FOR THIS CASE]]

Respond to applicant’s submissions

(Section 8.5 Advocacy Guide)

[applicant’s submissions highlighted in blue]

Succinctly refer to relevant procedure (r.24.2 – 4 things)

(Section 8.6 Advocacy Guide)

i.e. :

  • the rule number;

  • What that part(s) of the rule you are relying on actually provides for;

  • Whether or not it is a matter of the judge’s discretion;

  • Where the burden lies. (Section 7.6 Advocacy Guide)

Master, the relevant procedural law is dictated by rule 24.2 of the Civil Procedure Rules that gives you power to award summary judgment. I submit that the Claimant has not discharged their burdens. Specifically Part 24.2(a)(ii) that the Defendant has no real prospect of successfully defending the claim and Part 24.2(b) that there is no other compelling reason why the case should be disposed of at trial.

What is the order sought

(Section 8.7 Advocacy Guide)

Master, I submit that the burden has not been discharged for the reasons outlined below. I ask you to dismiss the application and let the matter proceed to trial.

Concluding submissions opposing the application. Compare your client’s strongest evidence against the weakest parts of your opponent’s case

(Section 8.7 Advocacy Guide)

Master, I submit that such burden has not been discharged for the following reasons:

First, the Claimant has blatantly admitted that she has breached clause 6 of the contract by advertising on a national scale. This allowed the Defendant to terminate the contract under clause 7 of the contract.

Second, it appears that the Claimant was unfamiliar with the Contract terms as she requested the 30,000 to be returned and that she advertised in a manner that the Defendant expressly requested her not to. The Claimant was under no duress or undue influence as to entering into the Contract.

Third, the Defendant was clearly reasonable in allowing local advertisement in the surrounding area and website. Not only does this show that she wanted to promote her – quote “small concert” – but also that she happily complied with clause 5 of the contract.

Fourth, there is an issue as to the interpretation of the terms of the contract which can only be dealt with in trial.

For these reasons, as a matter of common sense, the Claimant has not discharged its burden. Master, unless I can assist you further, those are my submissions.

Usual costs order if:

  1. Application granted

  2. Application refused

  3. Conditional order made

(Section 9 Advocacy Guide)

  1. Part 45 fixed costs order of 1500

  2. Respondent’s costs to be summarily assessed

  3. Costs in the case

Applicant for Security of Costs: Turnberry Construction Ltd

I am representing the Defendant in Chisholm Park Golf Club Limited v Turnberry Construction Limited case and I am applying for security of costs (So I am Turnberry Construction Limited The Applicant)

Stage of address Coverage

Concisely identify the legal issues that the court is to decide (r.25.13 CPR)

(Section 7.4 Advocacy Guide)

Master, my name is. I am from Campbell George and Partners and I act for the Defendant, Turnberry Construction Limited. My friend, (Her/His title and last Name), of Montagu Wilson...

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