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LPC Law Notes Skills Notes

Advocacy Notes

Updated Advocacy Notes

Skills Notes

Skills

Approximately 38 pages

A collection of the best LPC Skills 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 Skills notes available in the UK this year. This collection of notes is fully updated for recent exams...

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

Advocacy – Exam notes (all SGSs combined)

The Exam

Will always be a Contested application for extension of time to file a defence.

  • The ‘Applicant’ (Defendant) files an application for extension of time to file a defence.

  • The ‘Respondent’ (Claimant) opposes the application.

Relevant CPR reference: CPR 15.5

  • Under CPR 15.5, parties can agree to such an extension of time for up to 28 days.

  • If the Claimant/Respondent does not agree to an extension or the Defendant/Applicant needs more than 28 days, the Defendant/Applicant has to apply to court for an extension of time.

this application to court is what the exam is about

Timing

  • Will last generally 15 minutes: try to split it in the following way

  • Applicant has 4 minutes to open

  • Respondent has 4 minutes to respond

  • Both parties have 2 minutes to reply

  • Master will make its decision

  • Both parties have 1 minutes for costs

Notes

  • Do NOT use a script – you will automatically fail (even if you don’t refer to them)

  • Only use bullet points

Detailed notes affect eye contact

  • Stick to one page

  • Notes will be handed in at the end of the assessment (!)

Assessment criteria

  • Structure: 50%

  • Performance: 45%

  • Chronology: 5%

Performance

  • appropriate speed

  • clear and audible

  • vary tone to make it more interesting for the Master

  • appropriately formal language

    • no “ok Master”

    • do not give your opinion; only “I suggest”, “I submit”

    • do not say “we”: detach yourself from client!

refer to client as “client”, “Defendant”/”Claimant”

!! do not adopt the client!!

  • address Master as “Master”

  • address opponent correctly, “My friend”, “Mr. X”/“Mrs. X”

  • dress appropriately

  • sit still; do not fiddle with anything; do not cross hands or legs

  • Be persuasive

Chronology

  • Examined on whether you included the relevant information and whether you have put the correct dates (make sure you do the counting time correctly)

  • Make sure to include:

    • Date when defence initially due

    • Date when the defence is now due

    • The date when the 21 day extension is sought until

- these are also common questions the Master could ask

Content:

  • look at sample chronology

  • Heading as in statement of case

  • Body: date and event in two columns

  • During the exam try to refer to chronology as often as possible!

  • Master, as you can see from the chronology, on dd/mm/yy …

PCR

  • Comply with SRA Code of Conduct

  • 11.01: do not deceive or mislead the court

  • do not submit inaccurate information!


General points

Submissions

  • Make only a few submissions!

Too many submissions may confuse the Master and you will be pressed for time

3 is a good number of submissions to make

  • Start each submission with a headline

Masters like this!

  • Back them up with facts

Don’t just say the submission

  • Each submission must end with why this justifies that you should/shouldn’t have more time (depending who you are acting for)

It’s a good idea to relate it back to costs or delay

  • Final submission should refer to the overriding objective

    • Use words from the CPR overriding objective in your submission (Learn by heart!)

    • This is the only CPR you don’t have to reference in full as the Master will be well aware of the CPR – acknowledge this!

“As we are all well aware, the overriding objective … “

  • Need to be in logical order

e.g. priority or chronologically

Headline

Facts

Justification

Appropriate way to reference a CPR reference

  • refer to the rule number

  • relevant part of the rule

  • apply the rule to the facts of the case

  • exception: overriding objective – can be called by name

Master’s interruption

  • will ask questions or ask for clarification

  • know your case well!

  • Particularly the dates


Structure

Applicant’s introduction & opening submissions

4 min

Introduction

  • Names

  • introduce yourself and your opponent to the Master

  • What is the application for

  • outline what the application is for

i.e. “This is an application for an extension of time to file and serve a defence under CPR …”

  • Application notice?

  • check Master has copy of application notice on court file

  • check you have an extra copy in case he says no

  • Chronology

  • sets out key dates of the matter

  • hand out chronology to Master

  • Background

  • ask the Master whether he wants a summary of the background of the matter

  • Master likely to say yes

  • give summary: 30 seconds only!

(= background & how far the proceedings have progressed)

Opening submission:

  • Opening submission

  • Applicant submission in support of the application

  • why more time is required?

  • what happened to delay matters?

  • Try to persuade master to give you more time

Respondent’s response

4 min

Introduction

  • Names

  • confirm who you are representing

    • Application is opposed

  • state application is opposed

    • Chronology

  • hand out chronology to Master

    • Response

  • respond to the points made by the Applicant

  • try and persuade the Master not to allow more time

  • why are you opposing the application?

  • Why are the applicant’s reasons needing more time not persuasive

  • What prejudice will the Respondent suffer if the Applicant is allowed extra time?

Submissions

  • Make your own submissions

  • Then reply:

Response

  • Listen to opponent and make notes when he/she speaks

  • Reply to opponent

i.e. reply to each point as necessary!

  • Do not try to prepare this

Applicant’s reply

2 min

Response

  • Listen to opponent and make notes when he/she speaks

  • Reply to opponent

i.e. reply to each point as necessary!

  • Do not try to prepare this

  • Do not introduce new material!

Respondent’s reply

2 min

Response

  • Listen to opponent and make notes when he/she speaks

  • Reply to opponent

i.e. reply to each point as necessary!

  • Do not try to prepare this

  • Do not introduce new material!

Master’s decision

Will not count towards time

Master will make his/her decision

Listen carefully!

will have to refer to decision in next part

Master will ask whether parties want to address him as to costs

Applicant’s reply as to costs

1 min

Resondent’s reply as to costs

1 min


...

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