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...
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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 |
---|
...
Buy the full version of these notes or essay plans and more in our Skills Notes.
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...
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