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Civil Litigation Workshop 6 - Advocacy
Respondent for Summary Judgment: Ella Lake I am representing the Defendant in International Hotels Limited v Ella Lake case and I am responding to a summary judgment application (So I am Ella Lake The Respondent) Stage of address
Coverage 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.
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)
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.
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 morning I will be referring to the same documents as my friend. 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):
Civil Litigation Workshop 6 - Advocacy
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)
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 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. 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
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