Someone recently bought our

students are currently browsing our notes.

X

Advocacy Notes

LPC Law Notes > Skills Notes

This is an extract of our Advocacy document, which we sell as part of our Skills Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble 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 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%
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: 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 ...
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 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

? 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

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