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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 1/2 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%
? 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: o Date when defence initially due o Date when the defence is now due o 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 ...
- 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 makeStart each submission with a headline Masters like this!Back them up with facts Don't just say the submissionEach 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 delayFinal submission should refer to the overriding objective o Use words from the CPR overriding objective in your submission (Learn by heart!) o 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
? 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
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