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Mooting Etiquette

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Mooting Etiquette

Lead Counsel for the Claimant:

[You will be the first to speak, therefore it is your job to introduce counsel and summarise the case before
the court today. You will then summarise your own case, and what issue you will be addressing. Different
competitions have their own time limits, so don’t spend too much time on introductions as you need to get
to your main arguments!]

May it please the Court, my name is Mr/s [insert your name], and I appear before the court today
as senior counsel for the Claimant. Mr/s [insert your partner’s name] is acting as junior counsel
for the claimant.

For the Defendants, appear Mr/s [NAME] as lead counsel, and Mr/s [NAME] as junior counsel.
[Introduce the counsels for the Defendant as well]

Does the Court require a brief summary of the facts of the instant case? [Be prepared to summarise
CONCISELY the agreed case facts if they respond yes!]

Before I begin with my submissions, in the interest of time may I dispense with full case citations?
[Judges will usually oblige, but be prepared to read out “This case was first reported in the fourth volume of
the All England Law Reports for 2010 beginning on page 175” etc if they prefer. If they agree that you
don’t have to use full citations, just the party names are sufficient- “Page and Smith”] [Normally not
required in Novice Moot Competitions]

If I could direct your Lordships/the court to the Claimant’s bundle, behind tab 3 you will find the
skeleton argument for the Claimant​. [Wait until they have got to the relevant section before you
continue speaking, to ensure the judges are with you.]

I will be addressing the first issue, whilst my learned junior will be addressing the second issue.

I will now summarise my submissions, the first being …., the second being… and the third, in the
alternative…​[This is a summary. ONE sentence, big picture, don’t cite cases or get too detailed]

If the Court has no immediate questions, I will now begin my submissions. [This is where having a
clear structure in your skeleton really helps. If you have three points, remember to come back to your
skeleton at the end of each point before moving to the next one]

I submit/ the claimant would argue… ​[Don’t say things like “I believe that/ I think that/ I suggest”-
you’re always making submissions.]

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To conclude​, [repeat a summary of your submissions]. ​If the Court has no further questions, my
learned junior will now address the second issue​. [Sit down and breathe!]

Junior Counsel for the Claimant:

My name is Mr/s [NAME] and I appear as junior counsel for the Claimant. If I may direct the
Court back to the skeleton argument for the Claimant behind tab 3, I will be addressing the
second issue.

My submissions rest on three points, the first being… secondly… in the alternative… ​[Be aware of
your senior’s argument- does the Court need to accept what they say to consider what you say?]

If the Court has no immediate questions, I will begin my submissions. [Again, use the skeleton as a
template; refer back to it at the end of every point].

In conclusion,​[a summary of your submissions and what you are pleading for].

It is for these reasons, and the reasons given by my learned senior that we urge your lordships to
rule in favour of the Claimant​. [An example to finish]

Lead Counsel for the Defendant:

[​After the counsels for the Claimant have spoken, you will be invited to make arguments for the Defendant.
The leads for the Claimants should have already introduced you, but if they have forgotten, introduce
yourself and your junior. Further, there is no need to dispense with case citations and the fact summary of
the instant case if this has already been done! ​]

May it please the Court, my name is Mr/s [insert your name], and I appear as senior counsel for
the Defendant. Mr/s [insert your partner’s name] is acting as junior counsel for the Defendant.

If I could direct your Lordships to the Defendant’s bundle, behind tab 3 you will find the skeleton
argument for the Defendant. [Wait until they have got to the relevant section before you continue
speaking, to ensure the judges are with you.]

I will be addressing the first issue, and my learned junior will be addressing the second issue.

I will now summarise my submissions, the first being …., the second being… and the third, in the
alternative… ​[This is a summary. ONE sentence, big picture, don’t cite cases or get too detailed]

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If the Court has no immediate questions, I will now begin my submissions. [This is where having a
clear structure in your skeleton really helps. If you have three points, remember to come back to your
skeleton at the end of each point before moving to the next one]

I submit/ the Defendant would argue… [Don’t say things like “I believe that/ I think that/ I suggest”-
you’re always making submissions.]
To conclude, [read out a summary of your submissions]. ​If your lordships have no further questions,
my learned junior will now address the Court on the second issue​. [Sit down and breathe!]

Junior Counsel for the Defendant:

My name is Mr/s [NAME] and I appear as junior counsel for the Defendant. If I may direct the
Court back to the skeleton argument for the Defendant behind tab 3, I will be responding to the
second issue.

My submissions rest on three points, the first being… secondly… in the alternative… ​[Be aware of
your senior’s argument- does the Court need to accept what they say to consider what you say?]

If the Court has no immediate questions, I will begin my submissions. ​[Again, use the skeleton as a
template; refer back to it at the end of every point].

In conclusion, ​[read out a summary of your submissions and what you are pleading for].

It is for these reasons, and the reasons given by my learned senior that we urge the Court to find
in favour of the Defendant.

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